Cushingberry v. Kaiser Foundation Health Plan
Published: Apr. 5, 2001 | Result Date: Jan. 20, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002156 Arbitration – $375,000
Court
Case Not Filed
Attorneys
Claimant
Bruce E. Levenson
(Law Office of Bruce E. Levenson)
Respondent
Experts
Claimant
Arthur N. Lurvey
(medical)
S. Daniel Higgins
(medical)
Michael S. Adams
(technical)
Respondent
Joel Geiderman
(medical)
Facts
Decedent Dorla Cushingberry was a single 39-year-old woman living with her 72-year-old mother and sole heir,
Grethel Cushingberry. Decedent had no children. She was employed as a secretary for the County of Los
Angeles for 19 years and was a member of the Kaiser Health Plan. Decedent was afflicted with diabetes
mellitus, type II, since approximately 1987. She had a medical history of presenting at Kaiser Urgent Care on
several prior occasions with high blood sugar.
On Jan. 11, 1999, at 12:15 p.m., decedent went to Kaiser Urgent Care in Lancaster with gastroenteritis
accompanied by a high blood glucose level. She was given some medication and one liter of saline solution,
and was then discharged although she was allegedly still feeling weak, was unable to urinate and had a rising
pulse rate. At about 7:30 p.m., decedent went into full cardiac arrest at home and was pronounced dead at 9:32
p.m. The autopsy report concluded that decedentÆs death was caused by an electrolyte imbalance.
Settlement Discussions
The defendant stated that it would make no offers in this case.
Damages
The plaintiffÆs damages stemmed from the death of her 39-year-old daughter who lived with her. The plaintiff claimed that the past loss of support amounted to $49,000, the past loss of household services was $16,000 and the future loss of support equaled $237,000. The plaintiff also claimed future loss of household services in the amount of $75,000.
Injuries
Death of the patient/daughter.
Other Information
<A>A three-day arbitration was held before retired judge Robert W. Thomas of Action Dispute Resolution Services.</A>
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