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| Trial begins in meningitis death |
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| Written by Jonathan Partridge / Patterson Irrigator / | |
| Saturday, 12 January 2008 | |
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“(Dr. Lamazor) will tell you that he executed his best judgment.” - Michael Mordaunt, Lamazor's Attorney STOCKTON — Nearly four years after a Patterson boy died from bacterial meningitis and three years after his family sued doctors over his death, their malpractice case finally went to trial this week. The jury trial for Dr. Eugene Lamazor, who practices at Patterson’s Del Puerto Health Center, started Thursday in San Joaquin County Superior Court.  Dr. Lamazor Lamazor’s attorney, Michael Mordaunt, contended Thursday that Pearson had only a stomach flu at the time Lamazor saw him and that he seemed to have contracted meningitis some time the following weekend. “(Dr. Lamazor) will tell you that he executed his best judgment,” Mordaunt said. Parents Efrain Chavez and Cynthia VanGurp Chavez filed the malpractice suit Jan. 21, 2005, against all the doctors who saw Christopher before he was admitted into Children’s Hospital and Research Center at Oakland, where he died. Suits against Golden Valley Medical Centers, Dr. Edward Chan and Sutter Tracy Community Hospital have since been dismissed. A case against Dr. Alan Uyeno, who saw Christopher at Sutter Tracy Community Hospital, appears to be pending. The Chavezes’ initial suit claims that doctors and their staffs failed to diagnose and properly treat Christopher for meningitis, leading to his death. A doctor’s defense Mordaunt argues that Lamazor saw no evidence of meningitis when he saw him and that he is well aware of what meningitis is. The illness is an infection of the spinal fluid and the fluid that surrounds the brain, according to the Centers for Disease Control and Prevention. The bacterial form of the disease, which Christopher had acquired, is far more serious than the more common viral variety. However, both the viral and bacterial forms of the illness produce similar symptoms, including a sudden onset of fever, chills, fatigue, vomiting, headache, stiff neck, sleepiness, confusion, irritability and, sometimes, a rash. Mordaunt said Lamazor has diagnosed meningitis “many, many times” over the years. He said he plans to call in medical experts from University of California, San Francisco, and Stanford University as witnesses. Those experts will show that Lamazor responded appropriately, Mordaunt said. Difficult memories VanGurp Chavez said from the witness stand Thursday that she had a hunch her son might have meningitis even before her husband took him for treatment at Golden Valley Health Centers on Wednesday, Jan. 21. By that time, Christopher already had been ill about five days. He first showed symptoms the evening of Thursday, Jan. 15. His mother said she had read a newspaper article about meningitis, and her son showed some of the same symptoms, including vomiting, diarrhea and sensitivity to light and sound. She and her husband testified that Dr. Chan at Golden Valley Health Centers said he appeared to have flu-like symptoms. When she made an appointment to see Dr. Lamazor two days later, she said, her son already had trouble walking, had a stiff and swollen neck and had difficulty opening his mouth. He also had begun having seizures, she said, during which he clenched his fists and jerked them in a circular motion. VanGurp Chavez said Christopher was “screaming bloody murder” as Lamazor tried to open the boy’s jaw that Friday. “I’ve never heard that child scream like that before,” VanGurp Chavez said. “It hurt bad.” She said she presented Lamazor the newspaper article about meningitis and asked whether her son could have it. She said Dr. Lamazor replied, “Now, now, Mom, who’s the doctor here?” before giving her son a pat and telling him he would be better soon. Lamazor tried to engage Christopher in conversation, and VanGurp Chavez said the boy seemed responsive, answering questions with short, simple answers. Christopher received a shot to treat nausea and was instructed to take Tylenol tablets for apparent migraine headaches. Dr. Lamazor also provided a recipe to treat nausea by mixing cola with a pinch of salt. He also had Christopher’s blood tested for diabetes symptoms, as the disease runs in the family and he seemed to be showing symptoms of pre-diabetes. However, a clinic that provided other blood tests in Patterson was already closed for the weekend. VanGurp Chavez said Lamazor told her she could take her son to get blood tests done in Modesto that afternoon, or she could wait to get them done Monday. She said she was not familiar with Modesto and Christopher seemed to be improving, so she decided to have the blood tests taken later. Conditions decline Though Christopher seemed to be better at first, his mother said, his condition worsened through the weekend. By Monday, VanGurp Chavez said, her son appeared “lethargic and listless,” and she had to dress him and help him down a flight of stairs in their home. She took him directly to Sutter Tracy Community Hospital, where a doctor told her that her son had meningitis, she said. Mordaunt said medical records there make no mention of meningitis. Both of Christopher’s parents said they decided to take the advice of the doctor there and have Christopher sent to Children’s Hospital and Research Center at Oakland. The chief of neurology in Oakland told Christopher’s parents not to get their hopes up after he arrived there. VanGurp Chavez wept as she described how doctors had to drill a hole in his skull to reduce swelling. He remained on life support for several days. After talking to a minister, the couple decided to take him off life support on Feb. 4. At that point, she said, her son was showing no brain activity. Courtroom strategies Throughout the first day of the trial, the plaintiff’s attorney, Derek Thiele, seemed to appeal to the emotions of the jury, asking friends and family to recount how Christopher was a good student, a helpful son, a faithful friend and a fun-loving fan of the Oakland Raiders football team. Mordaunt, for the defendant, questioned VanGurp Chavez’s credibility at one point, asking about false information she had provided on her son’s birth certificate form. VanGurp Chavez admitted she had signed a form that said her ex-husband was Christopher’s father, when it was actually Chavez. She indicated she did not know the seriousness of the offense at the time. Mordaunt also noted that in a previous deposition Chavez said he could not tell whether his son had a stiff neck on Jan. 22, 2004, though Chavez said Thursday he had noticed it. The trial, which will resume Tuesday, is expected to last through Jan. 24, with several witnesses to testify between now and then. Lamazor said he expects to be able to talk publicly about the case within about two weeks. In the meantime, members of both parties appeared to be having a difficult time this week. “I’ll be happy when it’s all over,” VanGurp Chavez said Wednesday. To reach Jonathan Partridge at the Irrigator, call 892-6187 or e-mail him at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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