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CONFIDENTIAL

May 25, 1996

Personal Injury (Non-Vehicular)
Medical Malpractice
Product Liability

Confidential

Settlement –  $17,000,000

Court

USDC Nevada


Attorneys

Plaintiff

W. Randall Mainor


Defendant

Craig S. Dummit
(Dummit, Buchholz & Trapp)

Robert D. Vannah

Randa R. Shea

David J. Mortensen

J. Randall Jones


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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