Confidential
Settlement – $120,000Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Michael M. Berger
(Manatt, Phelps & Phillips LLP )
Defendant
Facts
On June 21, 1996, the plaintiff, a 52-year-old legal secretary, was seen by the defendant physician in his office with a complaint of rectal bleeding for the previous two days. The plaintiff had been a patient of the defendant since 1991. At the time of her examination, the plaintiff informed the defendant physician that she had observed significant rectal bleeding into the toilet a couple of days prior. After examining the plaintiff, a complete blood count (CBC) and other laboratory tests were ordered. The physician recommended a referral so that the plaintiff could be evaluated by a gastroenterologist. On previous laboratory tests, the plaintiff had been found to have hemoglobin and hematocrit levels of 14.9 and 44.6, respectively. The laboratory results from June 21, revealed the hemoglobin and hematocrit levels to be 9.8 and 29.4, findings which indicated that the plaintiff had lost over a third of her blood volume and was severely anemic. Despite these findings, no action was taken by the defendant and/or his staff. Over the course of the next few days, the plaintiff made repeated phone calls to the defendants to inform the defendants that she was continuing to bleed profusely. Moreover, the plaintiff inquired of the laboratory results and the pending referral. Each time plaintiff was told that the results were normal and that a referral was forthcoming. On June 26, the plaintiff awoke with a defect in the vision of the left eye, primarily involving the bottom part of her field of vision. Subsquent evaluations by neuro-ophthalmologists confirmed that his visual defect was caused by plaintiff's then recent history of gastrointestinal bleeding. On June 28, the plaintiff was admitted to St. John's Hospital and Health Center for gastrointestinal bleeding of a chronic and subacute nature. Laboratory tests which were undertaken a day before her admission revealed that plaintiff had a further reduction in hemoglobin and hematocrit to 7.5 and 22.9. After further CBC studies were done by her subsequent treating physicians, the plaintiff was transfused with multiple units of packed red blood cells. The plaintiff brought this action against the defendant based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $174,999. The defendant made a C.C.P. º998 offer of compromise for $75,000.
Injuries
The plaintiff developed ischemic optic neuropathy as a result of her continuing blood loss.
Other Information
The settlement was reached approximately one year after the case was filed. A voluntary settlement conference held before retired judge Bonnie Lee Martin of JAMS, resulted in the reported settlement.
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