Confidential
Settlement – $35,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Dan L. Longo
(Murchison & Cumming LLP)
Experts
Plaintiff
Stuart D. Boyd
(medical)
Virginia Varca
(medical)
Facts
On Nov. 7, 1994, the plaintiff, a 40-year-old social worker, presented to the defendant hospital for a coronary angiogram. The procedure, done by way of a femoral artery insertion, proceeded without incident. Thereafter, a Foley catheter was inserted and the plaintiff was placed on his back for a period of six hours. At the expiration of that period of time, he requested permission to walk up and down the hallway. The nurses decided to remove the Foley catheter first. With a supervising nurse standing over her shoulder, the defendant student nurse (from the defendant community college district), attempted to remove the Foley, but neglected to first deflate the anchoring balloon. Upon pulling the Foley, the plaintiff leapt in pain. This caused the femoral artery insertion site to re-open, resulting in a significant bleed. The plaintiff remained in the hospital overnight, and suffered a large hematoma which was present for approximately three weeks. During that time, he was caused to be sedentary. The plaintiff brought this action against the defendants, the hospital, the nursing school and the student nurse, based on medical negligence, professional malpractice and failure to supervise theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $45,000. The defendants made a C.C.P. º998 offer of compromise for $30,000.
Injuries
The plaintiff alleged that he sustained extreme pain, an arterial bleed and a hematoma for three weeks. No permanent physical injury was claimed.
Other Information
The settlement was reached approximately one year and four months after the case was filed.
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