Confidential
Settlement – $300,000Judge
Mediator
Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Carol A. Salmacia
(Law Office of Seana B. Thomas)
David A. Winkle
(Murchison & Cumming LLP)
Experts
Plaintiff
Joel Erickson
(medical)
Roy L. Herndon
(medical)
Virginia Varca
(medical)
Scott Karlin
(medical)
Darryl R. Zengler M.A.
(technical)
Defendant
Jeffrey M. Shapiro
(medical)
Albert Yellin
(medical)
Selvyn Bleifer
(medical)
Brendan J. Carroll
(medical)
William S. Collins
(Law Offices of Marshall Silberberg)
(medical)
Gilbert Zuker
(medical)
Blaine Braniff
(medical)
H. Rex Green
(medical)
Facts
On July 5, 1995, the decedent, a 70-year-old retiree, presented to the emergency room at the defendant hospital with acute epigastric pain. His past medical history showed four-vessel coronary artery bypass grafts, as well as ruptured thoracic aortic aneuryms. The decedent's aortic valve was replaced at that time and he was placed on Coumadin, an oral anti-coagulant medication. On July 7, the decedent was evaluated by the defendant surgeon, and diagnostic work-up confirmed the presence of gallstones. A laparoscopic cholecystectomy was planned, but was delayed until July 10, 1995 to normalize his clotting times. At surgery, the defendant surgeon encountered significant bleeding, though he did not chart estimated blood loss in his operative report. Post-operatively, the decedent was followed-up by the defendant surgeon, as well as by the defendant gastroenterologist and the defendant cardiologist. During the three days following surgery, his hemoglobin and hematocrit dropped from 15.4/45 to 9.3/27. On the morning of July 13, 1995, the decedent was examined by all three doctors. Even though all there were aware of the precipitous drop in his hemoglobin and hematocrit levels, no one discontinued the Heparin that he had been placed on post-operatively, and no one ordered blood to be typed, cross-matched or transfused. Each of the defendant doctors testified that they assumed that one of the others would handle this problem. On the evening of July 13, 1995, the decedent died. An autopsy revealed 2200 cc's of fresh and clotted blood in his abdomen. The plaintiffs, the decedent's wife and three adult children, brought this action against the surgeon, the gastroenterologist, the cardiologist and the hospital based on negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $375,000. The defendants made a settlement offer of $200,000.
Specials in Evidence
$1,400 per month
Damages
The decedent received $1,000 a month from social security benefits, of which his surviving wife received $600 per month after his death. The decedent also worked part-time driving a truck, for which he earned approximately $1,000 a month.
Injuries
Death of a husband of 50 years and a father of three adult, financially emancipated children.
Other Information
The settlement was reached approximately one year after the case was filed. A settlement conference was held on Jan. 3, 1997 before Judge John Flynn of JAMS/Endispute. The case settled shortly thereafter.
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