Confidential
Settlement – $199,500Court
Orange Superior
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Larry T. Pleiss
(Pleiss, Sitar, McGrath, Hunter & Hallack)
Experts
Plaintiff
Margaret E. Summers
(medical)
Keith Kimble
(medical)
Dennis M. Crockett
(medical)
Defendant
Colleen Coonan
(medical)
Eliezer Nussbaum
(medical)
Stephen D. Bresnick
(medical)
Facts
On Oct. 30, 1999, the plaintiffs, a married couple, admitted their 17-month-old child for dual elective surgeries at
defendant hospital. Those surgeries included a cleft pallet repair and tubes placed in the ear due to a genetic
defect from Pierre Robin Syndrome. Both surgeries, which were performed in during the morning, were
uneventful. Subsequently, the child was transferred to ChildrenÆs Hospital of Orange County where he
remained under the care of the nursing staff throughout the day. During that day, the infant was noted to have
blood oozing from both sides of his mouth. A large bloody emesis of 100 ccs of bright red blood was noted at
11.30 a.m. The hematocrit dropped from 38.9 pre-operative to 25.2 and his hemoglobin went from 13.4 pre-
operative to 18.5.
After watching the patient for the day, Doe surgeon elected to return the patient in the evening to defendant
hospitalÆs operating room for surgical exploration. At 7:00 p.m., a nursing shift change at CHOC occurred.
The new nurse reviewed the chart and noted a clot being reported on the roof of the infantÆs mouth at 11:00
a.m. attributable to normal healing process. The new nurse charted a large clot noted on top of tongue. She did
not inform her superiors or the physicians.
The patient was transferred from CHOC to defendant hospitalÆs operating room. The
scrub nurse also noted the clot on the tongue but failed to inform the surgeon or the
anesthesiologist. The infant was placed on the operating table in order to prepare for intubation.
At that moment, the clot on the tongue was aspirated and despite efforts, the child did not
survive.
Settlement Discussions
A mediation was held on Aug. 15, 2001 before Troy Roe of Judicate West. The plaintiffsÆ counsel demanded $200,000. The case did not resolve. Subsequently, the case resolved with Doe physician paying $70,000 and the hospital paying $129,500.
Damages
The plaintiffs claimed MICRA limits of $250,000. An additional $3,000 in death expense was also claimed.
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