Confidential
Settlement – $17,000,000Court
USDC Nevada
Attorneys
Plaintiff
Defendant
Craig S. Dummit
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Jerry Warren
(technical)
JoAnn Kerrick
(medical)
Thomas Carroll
(technical)
Nola Marriner
(medical)
Nathan Cope
(medical)
Defendant
Michael Bates
(technical)
Francesca German
(medical)
Robert M. Caplan
(medical)
Frank K. Stuart
(technical)
James B. Eisenkraft
(medical)
David Oliveri
(medical)
Jerome T. Anderson
(technical)
Ronald Cranford
(medical)
Facts
On June 6, 1994, the plaintiff husband, a 23-year-old airlines food server, presented at the defendant surgical center, in Las Vegas, Nevada for a hernia operation. The plaintiff suffered irreversible brain damage during the operation. His injuries were allegedly caused by the defendantsÆ malpractice and the failure of the anesthesia equipment. The plaintiffs, husband and wife, brought this action against the defendants based on medical malpractice, product liability, negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $23,000,000. The defendants made a settlement offer of $6,000,000.
Damages
The plaintiffs claimed $_______________ in (type) damages.
Injuries
The plaintiff husband alleged that he sustained irreversible brain damage which left him in a persistent vegetative state requiring 24-hour-care since the operation.
Other Information
The settlement was reached approximately one year and ten months after the case was filed. A settlement conference was held on March 15, 1996, before District Court Judge William Maupin which did not resolve the matter. This is the largest personal injury settlement in Nevada history. The defendant surgical center which owned the machine is pursuing indemnification from the manufacturer of the anesthesia machine and the company which regularly serviced the machine pursuant to a service contract.
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