Karen Elliot v. Auburn Faith Community Hospital, et al.
Published: Nov. 18, 1995 | Result Date: Nov. 3, 1995 | Filing Date: Jan. 1, 1900 |Case number: SCV2277 – $822,508
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tamorah Hunt
(technical)
Daniel W. Meub
(medical)
Charles Wrobel
(medical)
Harvey Ross
(medical)
Carol R. Hyland M.A.
(technical)
Darren Scott Edson
(medical)
Alex B. Barchuk M.D., C.L.C.P.
(medical)
Defendant
Eric Disbrow
(medical)
Robert Derlet
(medical)
Frances K. Conley
(medical)
Facts
On February 27, 1993, Plaintiff Karen Elliot, a 39-year-old single bartender and waitress, admitted herself into Defendant Auburn Faith Community Hospital in Auburn. Her symptoms included severe headaches, neck pain, blurred vision, nausea and vomiting which had begun suddenly at 3:00 a.m. on the previous day (as a result -- unbeknownst to Plaintiff -- of a subarachnoid hemorrhage from a large aneurysm on the middle cerebral artery of the left side of her brain). When Plaintiff presented to Defendant Dr. Stuart Campbell at the Defendant Auburn Faith emergency room, Dr. Campbell initially believed subarachnoid hemorrhage was a part of the differential diagnosis, but elected not to do a CT scan on Plaintiff and reached a final diagnosis of acute cervical spasm. Campbell discharged Plaintiff with a prescription of heavy pain and anti-inflammatory medication, which ameliorated her symptoms. Campbell instructed Plaintiff to see her own doctor if her condition had not improved in several days. After several days, Plaintiff's symptoms intensified and she then presented to the Kern Medical Center in Bakersfield on March 2, 1993; a CT scan was done immediately. The CT revealed the large aneurysm and prior subarachnoid bleeding which had been ongoing since February 26, 1993, as well as a new round of bleeding beginning around the time of her admission. Before surgery could be undertaken, vasospasm of the M1 branch of the middle cerebral artery set in, becoming visible to the operating neurosurgeon, prior to the surgical clipping of the aneurysm. Despite successful clipping of the aneurysm, the vasospasm of the middle cerebral artery intensified leading to ischemia and eventually leaving Plaintiff hemiparetic.
Settlement Discussions
Plaintiff contends she made a 998 policy limit demand in the amount of $1,000,000 and Defendants made no offers.
Specials in Evidence
$143,000 $70,000 $277,681 present value
Damages
Plaintiff also claimed equipment valued at $66,960 (present value) and future household and other services valued at $300,000 (present value).
Injuries
Following the onset of hemiparesis, Plaintiff underwent 6 months of rehabilitation and 2 surgeries for tendon lengthening of her right arm and right leg; to ameliorate the cosmetic appearances of a drop foot and clawed right hand; plus additional medical care. Plaintiff claimed future medical services and equipment including prostheses, motorized transportation, and home aids. Plaintiff claimed that her condition prevented her from returning to the labor force. Plaintiff's hemiparesis resulted in the total loss of the use of the right arm, partial loss of the use of the right leg, impaired speech, and impaired cognitive functions -- all for life.
Deliberation
2.5 days
Poll
9-3 liability, 11-1 damages
Length
3.5 weeks
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