Confidential
Settlement – $382,500Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Samuel Esterkyn
(medical)
Stanley Goldberg
(medical)
Defendant
Thomas W. Broderick
(medical)
Prija Jamidar
(medical)
Raymond J. Casciari
(medical)
Jeffrey M. Shapiro
(medical)
Facts
On Nov. 1, 1995, the decedent, a 42-year-old postal worker with gall bladder disease, presented to the defendant for surgery. After surgery, he developed complications, including presumed bile leak, gastric outlet obstruction and pancreatic pseudocyst. Ultimately, he developed adult respiratory distress syndrome due to barium aspiration following an aborted Upper GI series. This led to shock and finally death. The plaintiff, the decedent's wife, brought this wrongful death action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $400,000 ($1 million per defendant). The defendants made a C.C.P. º998 offer of compromise for $350,000.
Specials in Evidence
$132,500 decedent earned $50,000 per year
Injuries
The death of a husband.
Other Information
The settlement was reached approximately one year and six months after the case was filed.
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