Facts

On June 7, 2005, plaintiff Kimberly Bullock, 28, was taken to the defendant University of California Davis Medical Center after she had a diabetic episode. Bullock was a type II diabetic with an insulin pump. Bullock was awake and alert when she arrived at the medical center at 2:30 p.m. Due to overcrowding, Bullock was not seen by a doctor until 6 p.m. where a finger stick test was done to determined her sugar levels. Bullock's blood sugar was quite low and a solution of dextrose was administered. When Bullock complained of pain in the left arm after the injection, the IV was moved to her right arm. Although other personnel noted nothing unusual, at 7:30 p.m., Bullock was found to have compartment syndrome where blood flow was being impaired by abnormal pressure.

PLAINTIFF'S CONTENTIONS:
Bullock contended that the defendants fell below the standard of care required of them as the IV had been misplaced. Bullock argued that a blood sugar test should have been administered upon her entry into the hospital to properly diagnose her condition, but the defendants failed to perform the necessary tests.

DEFENDANTS' CONTENTIONS:
The defendants denied all allegations.

Settlement Discussions

Bullock made a C.C.P. section 998 offer of settlement in the amount of $200,000. The defense offered to waive costs.

Damages

Bullock sought damages in the amount of $1,045,300, which represented $241,360 in medical expenses, $23,940 in lost earnings, and $780,000 in pain and suffering.

Injuries

Bullock required surgery for her compartment syndrome, which left a arm-length scar and continuous pain.

Result

The jury found in favor of the defense.

Deliberation

seven hours

Poll

10-2 (nurse negligence), 11-1 (nurse's negligence caused the plaintiff's injuries)

Length

eight days