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Hodel v. Ikeda, M.D., et al.
State: Delaware
Court: Supreme Court
Docket No: 09C-01-227
Case Date: 01/18/2013
Plaintiff: Hodel
Defendant: Ikeda, M.D., et al.
Preview:IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
VIKTOR F. HODEL, and VERONICA ) HODEL, ) ) Plaintiffs, ) ) v. ) ) SATOSHI IKEDA, M.D., and ) ANESTHESIA SERVICES, PA., ) a Delaware Corporation, ) ) Defendants. )

CIVIL ACTION NUMBER 09C-01-227-JOH

Submitted: January 9, 2013 Decided: January 18, 2013 MEMORANDUM OPINION Upon Defendants' Motion in Limine to Exclude Testimony of Robert C. Sergott, M.D. DENIED, without prejudice Appearances: Bruce L. Hudson, Esquire, Hudson & Castle Law, LLC, Wilmington, Delaware, Attorney for Plaintiffs. Andrew E. Vernick, Esquire, Joshua H. Meyeroff, Esquire, Wharton, Levin, Ehrmantraut & Klein, P.A., Wilmington, Delaware, Attorneys for Defendant Satoshi Ikeda, M .D. Bradley J. Goewert, Esquire, Thomas J. Marcoz, Jr., Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware, Attorneys for Defendant, Anesthesia Services, P.A.. HERLIHY, Judge

1

Defendants Satoshi Ikeda, M.D., and Anesthesia Services, P.A., have moved to exclude the testimony of plaintiffs' causation expert, Dr. Robert Sergott, M.D. Briefly, stated, they argue he lacked sufficient factual information to opine about the cause of plaintiff Victor Hodel's blindness. With some reservation, the Court concludes Dr. Sergott has enough factual basis on which to offer his causation opinion. Factual Background Viktor Hodel underwent surgery for an esophageal perforation on November 15, 2006. He reported to Christiana Care's Emergency Room because of upper abdominal pain and respiratory distress. Upon arrival to the emergency room, there were allegedly signs of dehydration, rapid respiration rate, and notations of dark colored urine output. There is a claim he needed immediate re-hydration, but none was undertaken prior the surgery. It is further asserted he had fluid in his lungs compromising his ability to profuse oxygen into his blood. The operation required Dr. Ikeda to collapse Viktor Hodel's left lung. Sometime during the operation, Viktor Hodel's blood pressure dropped. The record made known to the Court indicates that the lowered pressure lead to hypoperfusion
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