This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Medical Malpractice
Negligent Post Operative Care

Francis Conrad v. Kaiser Foundation Health Plan, et al.

Published: Nov. 19, 2002 | Result Date: Jun. 6, 2002 | Filing Date: Jan. 1, 1900 |

Case number: DUM0002483 –  $110,000

Judge

Bernard Selber

Court

Case Not Filed


Attorneys

Plaintiff

David C. Byers


Defendant

Judith M. Tishkoff
(Lewis, Brisbois, Bisgaard & Smith LLP)


Experts

Plaintiff

David Seltzer
(medical)

Jeffrey E. Galpin M.D.
(medical)

Defendant

Ronald S. Fishbach
(medical)

John B. Thompson
(medical)

Facts

The plaintiff was admitted to Kaiser at their facility in Woodland Hills for the surgical repair of an abdominal
aortic aneurysm. He became septic while in the hospital. He was given the antibiotic Gentamacin. Only one
"peak" and one "random" test of his Gentamacin level was done. The plaintiff had a history which made him
at high risk for damage to his ears and kidneys from Gentamacin (kidney stones causing obstructions, pre-
existing hearing loss and exposure to Gentamacin, etc.) Culture sensitivity testing indicated other drugs which
were equally effective against the infection and which were safer. He ultimately did suffer sensorineural
damage to his ears from Gentamacin.
The plaintiff claimed he should have been closely monitored for ototoxicity and should have been taken off
Gentamacin. The administration of Lasik on several occasions potentiated the toxic effect of the Gentamacin.
The defendant claimed that the plaintiff had a resistant bacterial infection, and
Gentamacin was the most potent antibiotic available to kill the infection; utilizing other drugs
would have risked the bacteria not being eliminated.

Settlement Discussions

The plaintiff submitted a demand of $145,000; the defendant tendered an offer, that was not firm, of under $30,0000.

Injuries

Increased hearing loss, increased tinnitus, vestibular damage in the ear creating balance problems, headaches, exacerbated back problem due to a fall following loss of balance on one occasion.


#104908

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390