The Estate of Diane Esman by and through its Executors, et al. v. Anne Murray, M.D. et al.
Published: Oct. 12, 1996 | Result Date: Aug. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC012888 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald H. Wender
(medical)
H. Rex Greene
(medical)
Ronald H. Wender
(medical)
H. Rex Greene
(medical)
Defendant
Ronald S. Katz
(medical)
Ronald S. Katz
(medical)
Facts
On Aug. 8, 1992, decedent Diane Esman, a 43-year-old housewife, presented to defendant St. John's Hospital for radical cancer surgery. The plaintiffs contended that the defendant anesthesiologist, Anne Murray, M.D., failed to monitor the post-operative management of Demerol which was administered through patient-controlled analgesia, following cancer surgery. The plaintiffs also contended that Dr. Murray over-prescribed the Demerol, abandoned the decedent and failed to monitor the decedent resulting in severe agitation, hallucinations and seizures. The plaintiffs contended that they incurred severe emotional distress as a result of watching the over-administration of Demerol and a subsequent cardiac arrest. Defendant Dr. Murray contended that her order for PCA Demerol was appropriate, given the decedent's tolerance for pain medication and high "therapeutic window." The defendant doctor further contended that the post-operative management of the decedent's PCA Demerol was the responsibility of the plaintiff's surgeon and the oncological surgical team. The plaintiffs, the decedent's heirs, brought this action against the defendants, the anesthesiologist, the nurse and the hospital, based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $250,000. The defendants made no initial settlement offer.
Injuries
The plaintiffs alleged they sustained emotional distress.
Other Information
The verdict was reached approximately four years and nine months after the case was filed. The plaintiffs originally brought a cause of action for wrongful death. This was summarily adjudicated because the plaintiff had been diagnosed with terminal cancer at the time of her care and treatment with Dr. Murray. The plaintiffs settled with the defendant hospital and the defendant nurse on the first day of trial for a confidential amount.
Deliberation
6 hours
Poll
11-1
Length
11 days
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