_________ (full name pls.) Hunglinger, et al. v. Lawrence Gershon, M.D., et al.
Published: Jun. 29, 1996 | Result Date: Mar. 29, 1996 | Filing Date: Jan. 1, 1900 |Case number: VC018183 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Marcus A. Petoyan
(Geragos & Geragos APC)
Defendant
Experts
Plaintiff
Richard Palfan
(technical)
Mark Buchfuhrer
(medical)
Defendant
Nake Kamrany
(technical)
Harvey Brown
(medical)
Facts
In September, 1993, the decedent, Carlos Hunglinger, a 58-year-old self employed printer, treated with physicians in Mexico for a lung condition. On December 13, 1993, the decedent followed up with Dr. Jose Martinez (not a defendant) in Whittier complaining of chest congestion. Dr. Martinez ordered an x-ray and antibiotics. The decedent returned on December 22, 1993, stating that he felt much worse. Dr. Martinez did not have any hospital privileges, so the doctor referred the decedent to Downey Community Hospital emergency room. The decedent was admitted to Downey Community Hospital on December 22, 1993, under the care of the on-call doctor of internal medicine, the defendant, Lawrence Gershon, M.D. The decedent told the defendant he had a two to three week history of chest congestion and coughing. An arterial blood gas study at the time showed that the decedent's PO2 (oxygen content to the blood) was 56, (normal is 90 to 100). The decedent also had a markedly abnormal x-ray. He was diagnosed as having pneumonia and held in the hospital on antibiotics therapy. On December 25, 1993, the defendant, Dr. Gershon, wrote an order for a formal consulation with the defendant pulmonologist (dismissed before trial without payment). He met the defendant pulmonologist and they discussed the case for about five minutes. Defendant Dr. Gershon was advised that it was unnecessary for the decedent to see the defendant pulmonologist before he was discharged. Defendant Dr. Gershon discharged the decedent on the morning of December 25, 1993. The decedent was instructed to return to see the defendant pulmonologist the following week. The decedent did not see the pulmonologist, but instead returned to see Dr. Martinez. The decedent was again hospitalized at Downey Community Hospital through the emergency room on January 4, 1994. He was in severe distress. He came under the care of Dr. Mark Buchfuhrer, a pulmonologist. Extensive testing did not determine the exact cause of the decedent's ongoing pneumonia, which was much worse. The decedent ultimately died from the pneumonia on December 8, 1994. The plaintiffs, the decedent's wife and adult children, brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $________. The defendant made a C.C.P. º998 offer of compromise for $________.
Specials in Evidence
$________ $________
Damages
The plaintiffs' economist claimed economic losses of $289,936. The plaintiffs also claimed approximately $9,000 in funeral costs. (The defendant claimed that the decedent's printing business was not doing well, and likely would not have generated income sufficient to meet the decedent's personal consumption had he lived and continued in the business and, therefore, the net economic loss of earnings was zero.)
Injuries
Death of husband and father.
Other Information
The verdict was reached approximately ____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19__ before ________________ (name) of __________________ (affiliation or court) resulting in _______________________.
Deliberation
____ hours/days
Poll
9-3
Length
4 days
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