Estate of John Hanson and Marilee Hanson v. Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc., Southern California Permanente Medical
Published: May 13, 2000 | Result Date: Apr. 3, 2000 | Filing Date: Jan. 1, 1900 |Case number: DUM0001895 Arbitration – $262,325
Judge
Court
Case Not Filed
Attorneys
Claimant
David Bricker
(Thornton Law Firm, LLP)
Respondent
Kent T. Brandmeyer
(Law & Brandmeyer LLP)
Experts
Claimant
Bruce J. Weimer
(medical)
Barry M. Rosenbloom
(medical)
Paul Satz
(medical)
Peter Formuzis Ph.D.
(technical)
Respondent
Kenneth Herbst
(medical)
Facts
In 1985, John Hanson was diagnosed with anti-cardiolipin antibody syndrome, a blood clotting disorder
which made him prone to developing spontaneous blood clots. Between 1985 and July 1993, Hanson suffered
multiple deep venous thrombosis, multiple pulmonary emboli, multiple myocardial infarcts and at least one
cerebral vascular accident.
Although advised to begin treatment with Coumadin, Hanson, an avid skier, declined, citing a prior allergic
reaction to the drug and his concerns regarding hemorrhage should he be injured while skiing.
On July 2, 1993, Hanson suffered a CVA in the right hemisphere of his brain. He was treated at Huntington
Memorial Hospital. Despite the recommendations of his treating physicians at that facility, Hanson again
refused Coumadin therapy, citing his prior adverse reaction and his active life style. He was placed on Ticlid,
an anti-platelet agent unproven for his disorder, with the hope that it would successfully control his disease.
After discharge, Hanson fully recovered from the effects of the stroke and, within one week, returned to work in
his capacity as a senior electrical engineer. Thereafter, Hanson elected to begin Coumadin therapy following
extensive consultations with his treating physicians at Kaiser, Jay Schlumpberger, M.D., and Richard Green,
M.D. Hanson was advised by Dr. Schlumpberger and Dr. Green that in order to initiate Coumadin therapy, he
would have to be admitted to the hospital and started on IV Heparin while the Coumadin was brought up to
therapeutic levels in his blood stream. He was also advised to immediately discontinue taking Ticlid.
On the afternoon of July 23, 1993, Hanson presented himself for admission to KaiserÆs Sunset Hospital. Upon
arrival, Hanson was advised that a Kaiser neurologist, Michael Glowalla, M.D., had decided not to hospitalize
him and not to begin him on Heparin. Instead, Hanson was advised to go home, begin taking Coumadin over
the weekend, and return to Kaiser for blood work the following week.
On the morning of July 26, 1993, Hanson suffered a massive thrombotic stroke in the left hemisphere of his
brain. The stroke left him with significant cognitive and physical deficits. Although Hanson underwent
continuos physical and occupational therapy throughout the remainder of his life, he was left with permanent
impairments, which rendered him child-like and requiring constant care.
He lost the ability to participate in virtually all physical activities and was forced to give up his duties with the
Ski Patrol. Although he was able to return to work, he was unable to perform any of his duties as an electrical
engineer. Hanson died in October 1999 of unrelated causes.
ClaimantsÆ lawsuit was brought against Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc., and
Southern California Permanente Medical Group. Pursuant to a contractual relationship between the parties, the
matter was submitted to binding arbitration.
Damages
The Estate of John Hanson sought economic damages in excess of $130,000 for loss of earnings, loss of services and out of pocket medical expenses. Plaintiff Marilyn Hanson sought general damages for loss of consortium of $250,000.
Other Information
ClaimantsÆ experts testified that the standard of care required that Hanson be placed on IV Heparin until the Coumadin reached therapeutic levels, as Hanson was at high risk for further thrombotic events, and Coumadin, when initiated, creates a transitory hyper-coagulable state, which made HansonÆs risk even higher. ClaimantsÆ experts testified that all of HansonÆs prior thrombotic events were relatively minor that all of his cognitive and physical deficits were caused by the July 26, 1993 stroke.
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