Confidential
Settlement – $150,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Robert F. Vaage
(Law Offices of Robert F. Vaage)
Defendant
Experts
Plaintiff
Dean C. Delis Ph.D.
(medical)
Stuart Weiss
(medical)
Susan Willett
(medical)
Defendant
Robert P. Uller
(medical)
Christine A. Baser
(medical)
Mark C. Levine
(medical)
Janet E. Rivette
(medical)
Facts
On March 1, 1995, the plaintiff, an 89-year-old man, was admitted to the defendant hospital for short-term skilled nursing care for his recovery from a mechanical fall. Upon admission, his physician wrote orders for, among other medications, "Heparin 5000 units subcutaneously every 12 hours." No order for insulin was written. The plaintiff is not a diabetic. During his stay, the plaintiff was actually transferred from one room to another. Despite this, his medication sheets did not reflect the transfer, and there is no documentation anywhere outlining the transfer, as was required by the written policies and procedures at the facility. At 1 a.m., on the morning on March 6, 1995, a nurse found the plaintiff in bed, unresponsive and cold to the touch. His physician was called, and the plaintiff was transferred to the emergency department at Pomerado Hospital. He was admitted to the ICU with working diagnoses of decreased level of consciousness, respiratory failure and severe hypoglycemia. On March 8, 1995, he was transferred to Sharp Memorial Hospital for the duration of his recovery from this incident. An endocrinologist at Sharp, indicated that the most likely source of his hyperinsulinemia on March 6 was from an injection of insulin. After stabilization, the plaintiff remained at Sharp Memorial until March 16, 1995. He is presently living at home. He remains with residual cognitive, neurologic and emotional deficits related to the insulin-coma. The plaintiff brought this action against the defendant based on medical negligence and negligent supervision theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $275,000.
Specials in Evidence
$52,687.82 $__________
Injuries
The plaintiff allegedly that he has difficulty with his memory as a result of the coma and resulting encephalopathy. The plaintiff also alleged experienced decreased concentration, dizzy spells and severe tremors in both hands. The plaintiff's wife was dependent upon her husband in day to day living, including driving, financial affairs and general housekeeping.
Other Information
The settlement was reached approximately one year and three months after the case was filed. MEDIATION: A mediation was held on April 23, 1996 before Justice Gerald Lewis, retired, resulting in the reported settlement. Special damages in the amount of $52,687.82, were all paid by insurance.
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