Confidential
Settlement – $125,000Judge
Court
Confidential
Attorneys
Plaintiff
Randy H. McMurray
(McMurray & Henriks LLP)
Defendant
Michael B. Horrow
(Donahue & Horrow LLP)
N. Denise Taylor
(Taylor DeMarco LLP)
Experts
Plaintiff
Robert Rothbart
(medical)
Raymond L. Ricci M.D.
(medical)
Defendant
Loren Laine
(medical)
Kent T. Shoji
(medical)
Facts
On November 11, 1991, the decedent, a 39-year-old homemaker, presented to the defendant hospital. She was an insulin dependent diabetic and a Prednisone dependent asthmatic. Over the course of six weeks, she presented to the defendant hospital numerous times complaining of chest pain and other ailments. The defendant hospitalÆs doctors prescribed a six-week course of Indocin, a non-steroid anti-inflammatory, for the non-cardiac chest pain. On December 29, 1991, the decedent was admitted into a hospital emergency room in severe respiratory distress. The decedent died on January 2, 1992. The cause of her death was determined to be septic shock secondary to an acute perforation of a gastroesphageal ulcer. The plaintiff brought this action against the defendant hospital based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The defendant made a settlement offer of $10,000.
Damages
The plaintiff claimed loss of consortium, emotional distress and damages related to the loss of a trust, which would have paid the plaintiff and the decedent $150,000 had the decedent lived to the age of 40.
Injuries
Death of wife.
Other Information
A mandatory settlement conference was held on May 31, 1995, before Judge Jameson of the Superior Court which did not settle the matter.
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