Martinez v. Kaiser Foundation Health Plan Inc., et al.
Published: Dec. 13, 2001 | Result Date: Sep. 26, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002298 Arbitration – $0
Court
Case Not Filed
Attorneys
Plaintiff
Thomas S. Alch
(Shoop APLC)
Defendant
Experts
Plaintiff
Mark R. Needham M.D.
(medical)
Steven B. Simon
(medical)
Benjamin Victor
(medical)
Richard D. Meyer
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Douglas C. Cable M.D.
(medical)
James H. Law
(medical)
Roy L. Herndon
(medical)
David J. Weiner M.B.A., AM
(technical)
Facts
On Dec. 21, 1998, the plaintiff, a 39-year-old male, awoke with chest pains and shortness of
breath. He had been sick for one or two weeks. He went to the emergency room at KaiserÆs
facility in Fontana. He was seen there by a registered nurse who examined him and determined
that his condition was not an emergency and that he could be seen in the family practice clinic.
Later that day, in the clinic, a physician evaluated the plaintiff and diagnosed he had a resolving
viral infection and a viral pleurisy. He was sent home without a chest X-ray, blood work or
antibiotics. On Dec. 24, 1998 he was admitted to the Kaiser Hospital with severe streptococcal
pneumonia and he died on December 26.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $1 million. The defendant made no offer.
Specials in Evidence
$1,177,132
Other Information
<A>An arbitration was held before Troy Roe, neutral arbitrator; Charles Norek, respondentÆs arbitrator and William Thon, claimantÆs arbitrator.</A>
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