Fil-Am rowing phenom wins $1M in medical blunder lawsuit

Filipino American coxswain Dionne Licudine (left) with teammate Caroline Trawick. TROJANCANDY.COM PHOTO

SAN FRANCISCO — A bemedaled Fil-Am former coxswain of the University of Southern California women’s rowing team won a bittersweet victory when a jury on Tuesday, June 2, awarded her $1.045 million as a result of the medical malpractice lawsuit she filed against her surgeon for a gall bladder surgery that caused near-life-threatening injury.

Dionne Licudine of Milbrae, California, sued Cedars-Sinai Medical Center and surgeon Dr. Ankur Gupta in January 2013, citing injuries she suffered and an unsightly scar she has had to endure after her gall bladder removal in February 2012.  Gupta’s error required vascular surgery by another physician to save Licudine’s life.

Licudine’s attorney, Howard Kapp, said her client was awarded $30,000 for past and future pain and suffering, $285,000 for past loss of earnings and $730,000 for future loss of earnings, for a total of $1.045 million.

Kapp expressed satisfaction with the economic damages, but found the $30,000 award for pain and suffering “incomprehensible.” He said even the hospital’s attorney estimated that if the jury found negligence, the award should be between $75,000 and $100,000.

Surgical missteps

Gupta’s mistakes during surgery caused Licudine adhesions resulting in bowel obstructions as well as a visible scar, Kapp argued during trial of the lawsuit.

Defense attorney Raymond Moore blamed Licudine’s complications on the inherent risks of the procedure. Moore said Gupta was not negligent and used sound medical judgment in inserting an instrument called a trocar into Licudine’s abdomen so that her body cavity could be viewed with the help of an attached camera. “But that does come at the price of increasing the risks of striking organs because you can’t see them,” Moore said.

Kapp displayed for jurors a photo of Licudine strapped to machines in her hospital bed and another image displaying her scar to prove injury to Licudine.  Kapp said Gupta damaged a blood vessel while inserting the device, and that Licudine may one day suffer a complete bowel obstruction that would require more surgery. Gupta performed the surgery along with Dr. Brendan Carroll, who was dropped as a defendant in the case.

The classy athlete endured the medical setback and rejoined her teammates a month later as they rowed to victory in the San Diego Crew Classic. Her scar, which extends from her navel to her breastbone, caused severe emotional distress to a young woman who often wore two-piece bathing suits for rowing activities or during recreation, Kapp said. The lawyer added, “She can’t stand to look at herself in the mirror.”

Manila-born

The 25-year-old Manila-born and Milbrae, California-raised Licudine was accepted at several law schools after graduating from USC, aiming to become a human rights lawyer someday.

However, her medical struggles have forced her to delay making a decision.  Licudine’s abdominal pain often kept her late at night and she has to make up for it by sleeping much of the day. Licudine, who always brought pride and honor to her parents Ronald and Stephanie Licudine, was nominated as USC’s female Trojan “Athlete of the Year” in 2012.

The granddaughter of the late Brigadier General Teofilo Sanglay of San Fernado, La Union, Licudine coxed the men’s varsity crew of the Pacific Rowing Club from 2006-2008, where she earned the 2008 Most Inspirational Award.

Licudine won the Gold Medal for Men’s JV 4 at the 2007 Southwest Junior Rowing Championship with Pacific Rowing Club. At the 2008 Delta Dash Regatta, she helped the men’s team to clinch firsts in the Varsity Eight in course record.

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