Modesto doctor ordered to pay widow $8.5M

But she is likely to collect much less based on law

By SUSAN HERENDEEN
sherendeen@modbee.com

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A Modesto surgeon was on the losing end of an $8.5 million jury verdict in Stanislaus County Superior Court last week, but because of limits on medical malpractice cases, the widow who sued Dr. Tony Tam likely will collect less than $2 million.

A two-week trial revolved around the death of Stanley Stinnett, 49, who was airlifted to Memorial Medical Center Jan. 6, 2002, after he broke six ribs in a motorcycle accident near his Valley Springs home.

Stinnett, who crashed after a dog darted out and nipped at the tire of his Harley-Davidson, developed respiratory problems in the hospital and died five days later, when he choked on his vomit.

According to attorney Stewart Tabak of Stockton, X-rays taken four hours before his death showed Stinnett had one gallon of liquid backed up in his stomach.

Tabak, who represents Stinnett's widow, argued Tam should have ordered closer monitoring of Stinnett, who previously had been resuscitated after going into cardiac arrest. He said Tam should have drained the fluid from Stinnett's distended belly, too.

"This guy should never have died," Tabak said.

Tam, of Modesto Surgical Associates, could not be reached for comment. His attorney, James Nelson of Walnut Creek, was on vacation. The hospital settled its portion of the case three days before trial, for $175,000.

Tam planned to discharge Stinnett the day he died, telling Stinnett and his wife that the only thing left to do was go home and heal, Tabak said. On July 31, 12 jurors unanimously agreed that Tam was negligent.

The jury awarded $2.5 million in economic damages and $6 million in compensatory damages to Holly Stinnett, 38, of Valley Springs, but a 1975 law caps non-economic damages in medical malpractice lawsuits at $250,000.

Also, economic damages are based on Stanley Stinnett's earning potential, so Tam's insurance company may pay $2.5 million in the coming decades or immediately pay the judgment's $1.4 million present cash value.

As a result, Holly Stinnett and her lawyer likely will get $1.65 million, or another round of litigation if Tam appeals. Tabak said Stinnett's wife and parents came to him because Tam would not return their calls.

"When they came to me, they needed answers," Tabak said.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.