Confidential
Settlement – $2,000,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Craig S. Dummit
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Myles Shaw
(medical)
Facts
Defendant Doe Hospital and Doe ER Group nurse discharged the plaintiff from the hospital after she was treated for an acute asthma attack. Shortly thereafter she suffered an acute asthma attack and respiratory arrest. She was resuscitated, but suffered irreparable brain damage and is now in a persistent vegetative state. The plaintiff contended that the defendants failed to treat adequately her asthma and discharged her too early, which resulted in her injuries. The plaintiff alleged that she was never seen by an emergency room doctor, but rather was treated by a nurse and nurse practitioner who did not consult with an emergency room doctor. She sued for medical malpractice.
Settlement Discussions
The ER Group offered $800,000. The Hospital did not make an initial lump sum offer, but did insist on using annuities and a special needs trust.
Injuries
The plaintiff suffered irreparable brain damage and is in a persistent vegetative state.
Result
The plaintiff settled with the ER Group for $1.5 million and with the Hospital for $500,000, through the use of annuities and a special needs trust.
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