This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Feb. 1, 2005

Personal Injury
Medical Malpractice
Wrongful Death

Confidential

Settlement –  $325,000

Court

USDC Central


Attorneys

Plaintiff

Jeffrey A. Milman
(Hodes Milman Ikuta LLP)


Defendant

Joanne S. Osinoff


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.


#114375

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390