Anthony Ryan, Arnecia Rene Benton, Tamisha Rochelle Benton v. Kenneth Ott, M.D., et al.
Published: Dec. 7, 1996 | Result Date: Sep. 27, 1996 | Filing Date: Jan. 1, 1900 |Case number: 685682 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Robert F. Vaage
(Law Offices of Robert F. Vaage)
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Peter Koo
(medical)
Robert H. Wallace
(technical)
Eldon L. Foltz
(medical)
David L. Oleksow
(technical)
Colleen Marie Grimes
(medical)
Defendant
Ivan M. Szper
(medical)
Nancy Bross Mynderse
(medical)
Manuel Gonzalez
(technical)
Facts
On Feb. 18, 1994, the decedent, a 36-year-old woman, had an Arnold-Chiari Type 1 malformation at the base of her skull and underwent a suboccipital craniotomy and total laminectomy C-1 and C-2 by defendant Dr. Ott's neurosurgical partner. On Feb. 19, defendant Dr. Ott authorized transfer from the SICU to the defendant hospital (settled) floor. About 45 minutes later, at approximately 11:30 a.m., the decedent had a syncopal episode while she was stood up to get into a wheelchair to go to the floor. The nurse thought the decedent was experiencing symptoms of narcotics overdose, and gave her Narca. She then called defendant Dr. Ott, and after discussion, Dr. Ott concluded that the decedent had experienced orthostatic hypotension. Defendant Dr. Ott had changed the pain medications from morphine to Vicodin and Demerol. After transfer to the floor, at 1 p.m., the decedent was given Vicodin orally, and Demerol IM at 4 p.m. At 6:30 p.m., the decedent was found to be in full respiratory arrest by defendant Dr. Ott's associate when he was making rounds. She was pronounced dead approximately 10 minutes later. The plaintiffs, the decedent's husband and children, brought this action against the doctor and hospital (settled), based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $249,000. The defendant hospital made a settlement offer of $150,000.
Specials in Evidence
$45,782 $302,000
Injuries
Death of a wife and mother.
Other Information
The defendant hospital settled for $200,000 just before the verdict was returned, after the jury stated early in the afternoon that they were deadlocked as to the hospital 8-4 on causation. The jury announced they had already reached a verdict as to Dr. Ott and had answered question number one (negligence as to the hospital). All attorneys agreed that a special verdict form as to Dr. Ott only could be sent into the jury room in the afternoon when it became known they were deadlocked as to the hospital, but had verdict as to Dr. Ott.
Deliberation
2 days
Poll
9-3 (defendant Dr. Ott)
Length
7+ days
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