Confidential
Settlement – $325,000Court
USDC Central
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Experts
Plaintiff
Warren Johnston
(medical)
Robert M. Kahn
(medical)
Catherine M. Graves MBA
(technical)
Facts
Andrew Redyk was born on July 29, 1936. At the time of his death, on May 3, 2001, he was 64 years old. The plaintiffs are the surviving spouse and son. The decedent had been a 50-pack per year obese smoker with elevated lipids, lack of exercise, hypertension, a prior myocardial infarction, a history of cardiovascular disease and prior bypass surgery. He had served 22 years in the Air Force and retired as an E6 Technical Sergeant receiving a 35 percent leg injury disability. He had worked for approximately 20 years for Able Auto Body. His job was sedentary, involving the cleaning out of repossessed vehicles. Due to Able Auto Body closing, the decedent sought employment at World Wide Flight Services as a baggage handler. He was hired on Nov. 13, 2000 but was required to obtain medical clearance from his Veteran's Administration physician, David A. Leaf, M.D. Dr. Leaf evaluated the decedent on Dec. 6, 2000 and saw him once again on Jan. 5, 2001. On March 10, 2001, Dr. Leaf cleared Redyk for the demanding job requirements of his new job. On May 1, 2001, while at work, the decedent suffered a massive heart attack. He collapsed and died en route to the hospital.
Settlement Discussions
The plaintiffs originally demanded $667,000 and the defense offered $50,000. The case settled at $325,000 at a mediation with Darrell Forgey of Forgey & Hurrell.
Damages
In addition to the $250,000 state cap of MICRA, the plaintiffs contended that present economic loss of earnings and household services amounted to $417,000. The defendants contended that they were entitled to various offsets and that the true economic loss was less than $417,000.
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