Custodio v Boonprakong [1999] GUSC 4; 1999 Guam 05 (18 February 1999)

IN THE SUPREME COURT OF GUAM

VICTORIA S. CUSTODIO, individually and
as Guardian Ad Litem for Teresita S. Custodio,
an invalid; ESTRELLA C. HERNANDEZ,
individually and as Guardian Ad Litem for
Teresita S. Custodio, an invalid; and
BENJAMIN A. CUSTODIO,
Plaintiffs-Appellants,

vs.

VALLOP BOONPRAKONG, MD., et al.
Defendants-Appellees.

__________________________________________

VICTORIA S. CUSTODIO, individually and
as Guardian Ad Litem for Teresita S. Custodio,
an invalid; ESTRELLA C. HERNANDEZ,
individually and as Guardian Ad Litem for
Teresita S. Custodio, an invalid; and
BENJAMIN A. CUSTODIO,
Plaintiffs-Appellants,

vs.

KWAN-MING CHEN, MD. and
KWAN-MING CHEN AND ASSOCIATES,
Defendants-Appellees.
__________________________________________

Supreme Court Case No. CVA 97-040 and CVA97-042
Superior Court Case No. CV0207-95
Superior Court Case No. CV1607-96

OPINION

Filed: February 18, 1999

Cite as: 1999 Guam 5

Appeal from the Superior Court of Guam
Hagåtña, Guam
Argued and Submitted on February 18, 1998

Attorneys for Plaintiffs-Appellants:
David J. Lujan, Esq.
Randall L.K. M. Rosenberg, Esq.
477 Hernan Cortes Ave., Suite 227
Hagåtña, Guam 96910

Attorney for Defendants-Appellees:
Gary D. Hull, Esq.
Pacific News Bldg, Suite 903
238 Archbishop F.C. Flores Street
Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, Chief Justice; JANET HEALY WEEKS[1] and BENJAMIN J.F. CRUZ, Associate Justices

SIGUENZA, CJ.:

[1] Appellants seek review of the trial court=s decision granting summary judgment in favor of the Appellees. They assert their medical malpractice suit is not barred by the statute of limitations. Alternatively, appellants argue that the statute of limitations was tolled by the insanity exception.

[2] We disagree. Based on the facts before this court and the applicable law, we deny Appellants= request for relief and, accordingly, we affirm the trial court=s decision.

I.

[3] On February 7, 1994, Teresita Custodio entered the Guam Memorial Hospital to undergo a hysterectomy. Five days after Dr. Vallop Boonprakong performed the surgery, Ms. Custodio was diagnosed with a perforated bowel which, apparently, was sustained during the operation. As a result, Ms. Custodio developed severe adverse complications and experienced multi-systems failures. She was admitted to the critical care unit of Guam Memorial Hospital and underwent additional surgical and medical procedures in response to her condition.

[4] By mid-March of 1994, Ms. Custodio=s condition improved and, as a result, she was transferred from the critical care unit to the regular surgical ward. However, on March 27, 1994, she started experiencing seizures. Dr. Kwan-Ming Chen, a neurologist, was then called in for consultation. Dr. Chen diagnosed and treated Ms. Custodio for status epilepticus, a condition of prolonged unresponsiveness with intermittent seizure activity, which, in this case, lasted from 11 to 17 hours. Later during her hospital stay, Dr. Chen also advised Ms. Custodio and her sister, Victoria S. Custodio, that the brain damage suffered was permanent. Her brain damage included cortical blindness, visual hallucinations, chronic vertigo, and memory loss. Eventually, Dr. Chen pronounced Ms. Custodio permanently disabled.

[5] Dr. Chen assumed Ms. Custodio=