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CONFIDENTIAL

Feb. 8, 2005

Personal Injury
Medical Malpractice
Negligence

Confidential

Settlement –  $600,000

Court

Alameda Superior


Attorneys

Plaintiff

John E. Hill
(Law Office of John E. Hill)


Defendant

Duncan Barr


Facts

The plaintiff, a 43-year-old CNA, was given pain medication by way of an IV catheter for a migraine headache in a hospital emergency room. She developed what was first thought to be an infection at the insertion site within a few hours. Over time, she developed reflex sympathetic dystrophy, now called chronic regional pain syndrome in her right dominant hand and forearm, resulting in contractures of the third and fourth digits. The catheters were recalled shortly after the incident because of numerous reports of localized skin irritation in the new lubricant being used on the catheter needles. The plaintiff was the only person who brought suit. The plaintiff contended that the catheter was defective and caused her injury. The defendant denied that the catheter was defective or that it caused the plaintiff's injury. Based upon an evaluation by their expert neurologist who examined the plaintiff, and surveillance tapes, the defendant contended that the plaintiff was either malingering or was suffering from a psychological problem.

Settlement Discussions

The case settled at a mandatory settlement conference conducted by the Hon. Henry E. Needham for $600,000.


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