Facts

On May 1, 2009, Violeta Dugan presented to Pacific Hospital of Long Beach for an evaluation due to a clogged left arm shunt and the need for emergent hemodialysis. On May 2, general surgeon Dr. Chambers attempted to place a Quinton catheter in the right internal jugular vein, which was aborted when he encountered resistance. A chest x-ray was ordered as a matter of course, which revealed a hematoma. When Dr. Chambers was advised of the results, he ordered a follow up CT of the neck and chest. The decedent continued to deteriorate and expired on May 11. An autopsy ruled that the cause of death was due to the sequelae of the perforation of the right internal jugular vein during an attempt at vascular access for hemodialysis.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Dr. Chambers negligently placed the line for hemodialysis access, which caused a perforation of the internal jugular vein resulting in Violeta Dugan's death. Plaintiffs further alleged that Dr. Chambers failed to timely identify or intervene to address the source of decedent's ongoing bleeding, which could have prevented her demise.

DEFENDANT'S CONTENTIONS:
Defendant contended that the perforation of an internal jugular vein was a known risk and complication of dialysis access and that Dr. Chambers provided timely and appropriate follow up care after the perforation.

Settlement Discussions

Plaintiffs served a CCP 998 demand of $99,500 against Dr. Chambers. Dr. Chambers made no offer.

Damages

Plaintiffs claimed $250,000 in general damages. Plaintiffs claimed approximately $2,500 in funeral and burial expenses.

Other Information

INSURER: Cooperative of American Physicians Inc.

Deliberation

2.5 hours

Poll

11-1

Length

four days