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Settlement – $2,700,000Facts
Jane Doe 1, age 27, went into hospital for childbirth. She was given an epidural by the anesthesiologist for pain. The anesthesiologist mistakenly injected the epidural solution in the plaintiff's spinal cord instead of outside, as he should have. The plaintiff's heart stopped. The plaintiff contended that the defendant hospital personnel did not use the procedures that they should have and in a manner as timely as they should have to get the plaintiff's heart beating again. As a result, she suffered serious brain damage and has been in a vegetative state since. The baby was delivered by caesarian section and is healthy. Jane Doe 2, the mother of Jane Doe 1, and John Doe, the husband of Jane Doe 1, were in the room holding Jane Doe 1 at the time of the epidural and witnessed her injury. They sued on a Dillon v. Legg claim. The case was ordered to arbitration by the Superior Court.
Result
The case was settled in mediation with retired Judge Alfred G. Chiantelli at ADR for a global settlement of $2.7 million ($1.7 million in cash and waiver of $1 million hospital bill). At the time, the plaintiff had a life expectancy of six months to three years. Each plaintiffs' recovery for general damages was capped at $250,000, pursuant to MICRA.
Other Information
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