Sandra Antwine, Brandi Antwine by and through her Guardian Ad Litem, Sandra Antwine, et al. v. Kaiser Foundation Health Plan Inc., et al.
Published: Jun. 3, 2000 | Result Date: Sep. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: DUM0001812 Arbitration – $848,000
Court
Case Not Filed
Attorneys
Plaintiff
Gregory A. Patton
(Patton Mosier)
Defendant
Experts
Plaintiff
Michael G. Willoughby
(technical)
Richard H. Greengold
(medical)
Michael Lauermann
(medical)
Defendant
Michael S. Adams
(technical)
Stanley K. Kalter
(medical)
Douglas C. Cable M.D.
(medical)
Facts
On March 2, 1998, the patient, a 29-year-old food service manager, was taken to Kaiser Urgent Care Center in Fontana complaining of a sore throat, inability to walk and a temperature of 105 degrees. The patient's wife, the plaintiff, explained to the defendant doctor, Dr. Henry Waydeman, that attempts to reduce her husband's fever were unsuccessful despite wet cold towels and cold showers. Even with maximum doses of Tylenol, the fever remained at 105 degrees. The patient was too weak to walk and was brought to the Kaiser Urgent Care in a wheechair. After Dr. Waydeman examined the husband and explained to the wife that her husband merely had flu symptoms and antibiotics would not be affective. The wife insisted that Dr. Waydeman either hospitalize her husband or provide some treatment, including antibiotics. Reluctantly, the plaintiff took her husband home and cared for him during the next 24 hours. The husband's temperature dropped to 94 degrees due to progressing toxic shock. Two days after being seen Dr. Waydeman, the plaintiff took her husband to the Kaiser Colton Clinic because he could not urinate and his temperature remained 94 degrees. He was taken by ambulance from the clinic to Kaiser Fontana Hospital where he was admitted at about 11 a.m. At 4:45 p.m. that day, the patient died of multi-organ failure due to sepsis from Group A strep bacteria.
Settlement Discussions
The plaintiff demanded $840,000. The defendants offered $600,000.
Damages
$250,000 (general damages); $25,000 (negligent infliction of emotional distress); $48,000 (past lost of earnings); $525,000 (future lost of earnings)
Injuries
Wrongful death of husband. The plaintiff suffered emotional distress.
Other Information
<A>The case was arbitrated before Judge Leonard Wolf, retired, neutral arbitrator; Richard Cahill, respondent's arbitrator; Eric Erickson, claimant's arbitrator. Retired Justice John Arguelles was unable to settle the matter at a voluntary settlement conference.</A>
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