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Alex Galindo, Attorney and Partner at Curd, Galindo & Smith, LLP, Court Wins Against the County of Riverside's Motion to Dismiss Medical Malpractice Case
Date:6/18/2012

Riverside, California (PRWEB) June 18, 2012

In the lawsuit entitled Andrew Rodriguez v. County of Riverside Case No.:RIC 10019122, court records show that Judge Ottalia denied the County's recent motion to have the case dismissed and the case was set for a jury trial to commence January 25, 2013.

The filed complaint alleges that Mr. Rodriguez who is represented by attorney Alex Galindo with the Long Beach, California firm, Curd, Galindo & Smith, LLP, had a liver transplant in 2000 at USC University Hospital. Since that time, he has been under the care of a liver team at USC University Hospital headed by Dr. Fong.

The lawsuit states that Mr. Rodriguez first presented for care and treatment to the County of Riverside in 2008. In 2008, Mr. Rodriguez had uncontrolled insulin-dependent diabetes, which was an issue to be managed by the County’s Community Health clinic. Mr. Rodriguez was prescribed Lipitor 10mg in 2006. Lipitor is a satin medication, which is used to lower blood cholesterol levels by inhibiting a liver enzyme necessary to produce cholesterol. It also prevents heart attacks and strokes.

The complaint further states that Bruce Grundl a physician's assistant at the County of Riverside reviewed Mr. Rodriguez’s Lipid panel results from the June 10, 2009 testing. Mr. Rodriguez was called to schedule an appointment to the county’s medical clinic set for June 24, 2009.

Mr. Rodriguez alleges in his lawsuit that when he presented to the County’s internal medicine clinic June 24, 2009, he was suffering from metabolic syndrome, a combination of medical disorders that include high blood pressure, high blood sugar, excess body fat around the waist, and abnormal cholesterol levels. When these medical disorders are grouped together, they increase a patient’s risk of developing heart disease, stroke, and diabetes. On this day, Mr. Rodriguez was seen by physician’s assistant Bruce Grundl, who reviewed labs with Mr. Rodriguez and prescribed an increase in his Zocor (generic: Simvastatin) medication from 20 milligrams to 80 milligrams, in order to address the high cholesterol and triglycerides. PA Grundl wrote a prescription for Zocor 80mg, 30 tablets, to take once a day in the evening.

Bruce Grundl, P.A. was supervised by Dr. Moffatt and Mr. Grundl failed to consult with Dr. Moffatt or any other physician before increasing the Zocor from 20 mg to 80 mg.

On July 14, 2009, Mr. Rodriguez was admitted to Eisenhower for treatment of a urinary tract infection and renal failure. The consulting nephrologist suspected the renal dysfunction could be due to cyclosporine neohrotoxicity.

On August 27, 2009, Mr. Rodriguez presented to the Eisenhower Medical Center for generalized weakness. He was transferred to U.S.C. Hospital, where he was diagnosed with acute renal failure and rhabdomyolysis (muscle breakdown). He was treated and discharged on September 9, 2009 in good condition. Mr. Rodriguez’s hospitalization at USC University Hospital was for renal failure due to an increase in Zocor.

Mr. Rodriguez, as a liver transplant patient had a liver team at USC, which should have been consulted by Mr. Grundl before increasing the Zocor. Mr. Rodriguez asked Mr. Grundl to contact the liver team, however, he never did. Due to Mr. Rodriguez’s chronic liver and kidney conditions and medication prescribed should have been carefully analyzed. The court documents show that Mr. Rodriguez’s liver team physician, Dr. Javadi testified in deposition that she would not have authorized an increase of Zocor from 20 mg to 80 mg.

Mr. Rodriguez alleges in the lawsuit that as a result of the prescribed increase in Zocor from 20 mg to 80 mg, Plaintiff suffered extreme pain and muscle weakness and was hospitalized at two different facilities.

Mr. Rodriguez has demanded compensatory damages and the County has denied any liability.

Keep up with this and other cases of Curd, Galindo & Smith, LLP, LLP on Facebook.

CURD, GALINDO & SMITH, LLP is a civil business litigation firm that represents both corporate and professional clients of all sizes and those who have been seriously injured or have lost a family member due to an accident, defective product, police misconduct or negligence. The law firm has recovered millions of dollars for its thousands of clients since 1995 by winning complex and challenging business disputes, death and injury cases involving police misconduct, traffic collisions, work place injuries and defective products, including defective automobiles, against some of the world's largest companies and governmental agencies.

Read the full story at http://www.prweb.com/releases/2012/6/prweb9556059.htm.


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