Edgardo S. Botardo v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Southern California Permanente, et al.
Published: Oct. 1, 2005 | Result Date: Mar. 22, 2005 | Filing Date: Jan. 1, 1900 |Case number: 230028 Arbitration – $0
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Barton H. Hegeler
(Hegeler & Anderson APC)
Storm P. Anderson
(Hegeler & Anderson APC)
Experts
Plaintiff
Rick Chavez
(medical)
Barry Make
(medical)
Hugh H. West
(medical)
Michael H. Rosove M.D.
(medical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Jerome C. Stenehjem M.D.
(medical)
M. Daniel Close
(technical)
Defendant
Linda D. Olzack R.N.
(medical)
Om P. Sharma
(medical)
Michael H. Forman
(Rosen Saba LLP)
(medical)
Alicia Benjamin
(medical)
Howard Robin
(medical)
James Grisolia
(medical)
Phillip Higginbottom
(medical)
Laura Fuchs Dolan
(technical)
Facts
In 2002, claimant Edgardo Botardo, 32, went to Kaiser Urgent Appointment Clinic in Vandever. Botardo had been suffering from a fever, chills, and a cough for three days. He was diagnosed with pneumonia and given dual antibiotics. Three days later, Botardo went to Kaiser's clinic in Otay Mesa with complaints of a low-grade fever and night sweats. Botardo was injected with the antibiotic Rocephin and sent home. The following day, Botardo went to the ER of Kaiser Zion Hospital with a low-grade fever and shortness of breath. He was given IV antibiotics and admitted. By late evening, Botardo was transferred to the ICU when his condition began deteriorating. Botardo suffered hypotension and disseminated intravascular coagulation (DIC), which led to brain damage and multiple amputations. Doctors ruled out infectious etiologies and Botardo was given a trial of steroids. After Botardo's condition stabilized, he was discharged to a skilled nursing facility. In the following months, Botardo was hospitalized for infections at his stump sites and his upper respiratory system. A bone marrow biopsy revealed that Botardo suffered from idiopathic hypereosinophilic syndrome (HES), a rare blood disease. Botardo was given steroids. Botardo sued Kaiser Foundation Hospitals and Southern California Permanente Medical Group for medical malpractice. The case went to arbitration.
Settlement Discussions
The claimant demanded $3.1 million.
Specials in Evidence
Between $3 million and $6 million according to the claimant; between $935,000 and $1,065,000 according to the respondents Between $3 million and $6 million according to the claimant; between $935,000 and $1,065,000 according to the respondents.
Injuries
The claimant suffered brain damage, bilateral below-the-knee amputations, a left-wrist amputation, and loss of the third, fourth and fifth fingers on his right hand. The claimant remains on steroid treatment.
Result
The arbitrator Wayne L. Peterson ruled in favor of the respondents after determining that even if the claimant had been admitted when he first presented to the clinic, the course of treatment would not have changed.
Other Information
The arbitrator Wayne L. Peterson ruled in favor of the respondents after determining that even if the claimant had been admitted when he first presented to the clinic, the course of treatment would not have changed.
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