Mary Murrell v. Bristol Park Medical Group, Inc.
Published: Apr. 26, 1997 | Result Date: Mar. 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: 750339 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Alvin L. Pittman
(Law Office of Alvin L. Pittman)
Defendant
Experts
Plaintiff
Christopher Cooper
(medical)
Defendant
Richard Fukumoto
(medical)
Roy L. Herndon
(medical)
William P. Klein
(Klein Law Group LLP)
(medical)
Facts
On Aug. 3, 1993, decedent Nolan Murrell, a 33-year-old engineer supervisor, presented to defendant Bristol Park Medical Group's (BPMG) walk-in clinic with complaints of leg pain. He was assessed and diagnosed with a Baker's cyst. On Aug. 17, 1993, the decedent presented to his primary care physician at defendant BPMG with complaints of shortness of breath. A chest x-ray revealed a 2 cm lesion, thought to be granulomatous. The decedent tested negative for tuberculosis. On Aug. 30, 1993, the decedent returned to the walk-in clinic and was seen by a physician's assistant complaining of subjective shortness of breath not associated with exertion. The decedent also complained of hemoptysis. The decedent was then referred to a BPMG internist who specialized in infectious disease, Dr. Haghihat. Dr. Haghihat examined the decedent on Aug. 31, Sept. 2, and Sept. 3, 1993. The decedent was sent for several laboratory studies, including arterial blood gases, which were normal. The working diagnosis was fungal infection. The doctor scheduled the decedent to undergo a bronchoscopy on Sept. 6, 1993. The decedent was instructed not to go on a planned vacation to Barbados, but on Sept. 3, 1993, he left for his vacation. On Sept. 7, 1993, the decedent died in Barbados. The coroner in Barbados indicated the cause of death was a pulmonary embolism. However, the Orange County Coroner, defendants' expert Richard Fukumoto, M.D., testified that the decedent died as a result of suffocation caused by bleeding into the bronchial tree, preventing oxygen from flowing to the lungs. The plaintiffs, the decedent's widow and two minor children, brought this action against Bristol Park Medical Group Inc. and its staff based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $1.3 million prior to trial, reduced to $750,000 at the beginning of trial. The defendants made a settlement demand of $500,000.
Specials in Evidence
$______________ $210,000 $2.1 million $__________________
Injuries
Death of a husband/father.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. The Barbados coroner was flown to California to support his diagnosis as to the cause of death.
Deliberation
1+ hours
Poll
11-1
Length
14 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390