Confidential
Settlement – $1,100,000Court
San Diego Superior
Attorneys
Plaintiff
Cynthia R. Chihak
(Cynthia Chihak & Associates)
Experts
Plaintiff
Timothy Hamill
(medical)
John H. Menkes
(medical)
Ron C. Michaelis
(technical)
Roberta J. Spoon
(technical)
Sharon K. Kawai M.D.
(technical)
Doreen Casuto RN, MRA, CRRN, CCM
(technical)
David J. Lang
(medical)
William Graf
(medical)
Rochelle C. Feldman
(medical)
Facts
Plaintiff was born on Oct. 5, 1996, with hydrocephalus, migrational abnormalities, and agenesis of the corpus callosum. His hydrocephalus was treated with the surgical placement of a shunt drain. Defendant doctor X, a pediatrician, began out-patient care shortly after birth. On April 10, 1997, plaintiff presented with a history of fever. Mother reported that all the children in his day care were sick. Doctor X diagnosed viral infection. On April 11, mother called doctor X and reported that plaintiff's temperature was down, but he was not eating, had diarrhea and was moaning constantly. Doctor X ordered a complete blood count through defendant laboratory on a "STAT" basis to rule out the possibility of an infection. Defendant laboratory received the blood sample by 11:40 a.m. and reported partial results of the CBC to the doctors office at 2:15 p.m. that same day. It was also reported that there was a pending review by the defendant laboratory pathologist. The laboratory failed to report the differential. The defendant doctor's office contacted mother and reported that the test result suggested a probable viral infection. Defendant doctor Z took over care of all doctor X's patients as the "on call" pediatrician. At approximately 4 a.m. on April 12, doctor Z received a call from mother reporting that plaintiff was throwing up a brown coffee grounds substance. At 8 a.m., mother brought plaintiff to the doctor's office. At that time he was still vomiting, had a temperature of 105 and his teeth were clenched shut. Doctor Z examined plaintiff around 10 a.m. and diagnosed him with an ear infection. The mother called the neurosurgeon and left a message as to the symptoms. The neurosurgeon immediately ordered the child to be brought to the emergency room. A shut infection was diagnosed with pneumococcal meningitis. The child was six months of age at the time he contacted meningitis. The child suffered a brain injury. The plaintiff brought this medical negligence action against two treating pediatricians, their medical group, and the laboratory that was charged with performing blood tests on the infant.
Damages
$250,000 (general damages); $2.1 million (special damages plaintiff); $500,000 (special damages defendant)
Other Information
<S>A settlement conference was held before Justice Howard B. Wiener, resulting in the reported settlement. The case against defendant laboratory is set to began trial in June 2000.</S>
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