Confidential
Settlement – $200,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Scott B. McFall
(Agajanian, McFall, Weiss, Tetreault & Crist LLP)
Michael V. Lamb
(Schmid & Voiles)
Experts
Plaintiff
Roy L. Herndon
(medical)
Joseph F. Viglotti
(medical)
Jeremy H. Swan
(medical)
Thomas W. Broderick
(medical)
Marshall Orloff
(medical)
Defendant
Dan C. Bird
(medical)
Miles Shaw M.D.
(medical)
Alan B. Gazzaniga
(medical)
Facts
This was a medical malpractice case brought by the parents of decedent against Defendants medical center, Dr. A, and Dr. B. On October 22, 1992, Plaintiffs' 29-year-old son presented to the emergency room at Defendant medical center with complaints of acute and severe chest pain and headaches. Plaintiffs' son was admitted into the hospital by the attending physician with an initial impression of atypical chest pain, etiology unknown. That attending physician's initial plan was to perform various tests to rule out potential causes of the patient's complaints, including follow-up arterial blood gases, serial EKGs, blood tests, chest X rays, a venous duplex scan, and an echocardiogram. On the morning of October 23, 1992, at approximately 7:00 a.m., Defendant Dr. B was the patient's attending physician. A repeat chest X ray taken on October 23, 1992, indicated that there had been a change from the previous films taken a day earlier. That change was an indication of some type of fluid in the plural space of the left lung. Follow-up blood tests on October 23, 1992, indicated that there had been a significant drop in the patient's hemoglobin, hematocrit, and the red blood cell levels. An echocardiogram on October 23, 1992, revealed a severely dilated aortic root and aortic insufficiency. On October 24, 1992, Plaintiffs' son was discharged by Defendant Dr. B with instructions to see his family physician and to return to the hospital if he had any problems. On October 25, 1994, at approximately 9:30 p.m., Plaintiffs' son presented to the emergency room at Defendant medical center again with complaints of chest pain and headaches. He was seen by Defendant Dr. A, an emergency room specialist. Vital signs were taken which revealed a blood pressure of 120/22. Defendant Dr. A did not review the chart from the prior hospitalization nor did he order the patient's blood pressure to be retaken. On November 1, 1992, Plaintiffs' son died, at age 30, from an acute aortic dissection.
Settlement Discussions
Plaintiff contends that they initially demanded $250,000 per MICRA limitations. Defendants' offers prior to the final settlement of $200,000 were not disclosed.
Specials in Evidence
not disclosed
Injuries
Death of adult son.
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