Confidential
Settlement – $1,154,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Michael D. Gonzalez
(Law Offices of Michael D. Gonzalez)
Kathryn Mosely
(Leibl, Miretsky & Mosely LLP)
Experts
Plaintiff
John Lawrence
(medical)
Larry M. Cousins
(medical)
William A. Frumovitz
(medical)
Gregory Rabino
(medical)
Mark Schultz
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Stephen Rabin M.D.
(medical)
Theodore Vavoulis
(technical)
Edward J. O'Connor
(Solomon Ward Seidenwurm & Smith LLP)
(medical)
Facts
The plaintiffsÆ decedent, 38-year-old Debbie Burrow, was 32 weeks pregnant with her first child. She received
prenatal care from various physicians at the Center for Women's Health. On Friday evening, Sept. 19, the
patient became ill, developing abdominal pain and discomfort. Her husband, while driving her to the hospital,
contacted her obstetrician's office and was advised that defendant Dr. Herman was on-call. A request was
made for Dr. Herman to meet them at the hospital, but he failed to show up until early the next morning.
When she arrived at the hospital, the patient was evaluated in the emergency room by defendant Dr. Cochrane.
The patient's initial vital signs were within normal limits, and based on the patient's history, clinical
presentation and laboratory results, Dr. Cochrane suspected the patient to be suffering from gastroenteritis. She
was given pain medication for her abdominal discomfort and was observed in the emergency room.
Dr. Cochrane subsequently concluded that the patient was not improving and called Dr. Herman. Dr. Cochrane
reported to Dr. Herman all of the available data, including the patient's vital signs and available laboratory
results. The results of the liver function studies had not yet been returned from the lab and therefore were not
discussed. Dr. Herman assumed that they were normal.
Dr. Herman admitted the patient, but instead of sending her to the women's unit he had her admitted to the
general medical floor, without requesting that she be seen by a labor and delivery nurse or be placed on a fetal
monitor. Before the patient was transferred from the emergency department to the medical floor, the nurses
took repeat blood pressures, which were substantially elevated. The nurses were concerned and, in fact, one of
them entertained the thought that the patient might be suffering from pregnancy induced hypertension/pre-
eclampsia. ****
Settlement Discussions
There were various demands and the case ultimately settled for $1,154,000 present value; the hospiatl contributed $387,500; Dr. Cochrane settled for $450,000; Judgement was entered against Dr. Herman, after application of Micra and offsets from settlements, for $312,000. Judgment has been satisfied.
Damages
Wrongful death: Maternal and fetal demise.
Injuries
Wrongful death of a 38-year-old woman and her unborn 32-week-old child.
Result
Of the $1,154,000 present-value result, the hospital settled for $387,500 and Dr. Cochrane settled for $450,000. Judgment was entered against Dr. Herman, after application of MICRA and offsets from settlements, for $312,000. The judgment has been satisfied.
Other Information
****This concern was mentioned to the emergency room physician who reiterated her suspicion that the patient's problem was gastroenteritis, and, in any event, was under the care and responsibility of the obstetrician. The emergency room physician further anticipated that the nurses would repeat the blood pressure before the patient was transferred to the floor and, if it remained abnormal, would alert her if needed before the patient was admitted to Dr. Herman's service. The emergency room nurses accepted the emergency room physician's reassurance that the problem was not pregnancy related and did not follow up with further vital signs. The patient was subsequently transferred to the floor at approximately 2:45 a.m. Upon arrival at the floor, blood pressures were taken and were found to be dangerously high. They were repeated 15 minutes later, with similar findings. The floor nurse thereafter called Dr. Herman and advised him of the patient's vital signs and the fact that she was by then complaining of an excruciating headache. The patient then began manifesting seizure activity and an inability to move her left side. The floor nurse claimed she again called Dr. Herman and reported the patient's change in condition and clinical deterioration. Dr. Herman claimed that the nurse actually called to clarify his prior orders and, at the conclusion of the conversation, mentioned "in passing" that the patient was no longer moving her left side. Without giving any orders to call a neurologist, hematologist or obtain emergent imaging studies or further inquiries about the patient's clinical course or condition, he hung up the phone and went to the hospital, arriving shortly after 4:00 a.m. Upon arriving at the hospital, Dr. Herman evaluated the patient and suspected she was suffering from pregnancy induced hypertension/pre-eclampsia and a condition known as HELLP syndrome (hemolysis, elevated liver enzymes and low platelets). He recognized that the patient needed a neurologist; however, he testified that he was unaware of any neurologist or neurosurgeons on staff at the hospital, and felt that he had to go through the patient's primary care physician for approval of consultations because of insurance constraints. The primary care physician was a general practitioner who arrived at the hospital approximately 15 minutes after being called, at 5:30 a.m. According to the plaintiff, Dr. Herman could not account for what he was doing for the hour and a half between the time he arrived at 4:00 a.m. and the time the general practitioner arrived at 5:30 a.m. The general practitioner, upon assessing the patient, called for an emergency neurology consultation. The neurologist ordered a CT scan, which revealed the patient had suffered a cerebral vascular accident. The defendants recognized that the patient needed a higher level facility and, accordingly, she was transferred by helicopter to UCLA. Her brain subsequently herniated and, notwithstanding neurological intervention, neither she nor the child could be saved.
Length
five weeks
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