Facts

This medical malpractice case arose from a work injury that occurred on Dec. 10, 2003. That day, plaintiff Aaron Estrada was working as a truck driver for More Trucking. Plaintiff's duties included transporting tar. When the initial incident occurred, plaintiff was opening the external valve of his truck. An internal valve on the truck had not been properly secured and tar spilled from the truck onto plaintiff.

Plaintiff sustained relatively minor tar burns to his face and hands. He was taken by ambulance to defendant Citrus Valley Medical Center Inc.

At approximately 1:37 a.m., the nursing staff cleaned plaintiff's tar burns and administered a shot of morphine for pain. At approximately 2 a.m., plaintiff went into respiratory distress. The cause of the distress was never determined. As a result, he required intubation. Defendant's notes indicated that the intubation was successful and plaintiff was doing well on the ventilator.

Plaintiff was switched from a ventilator to a T-tube at 11:20 a.m. At that time, plaintiff was doing well enough that the ventilator was not needed. The significance of this is that the T-tube allowed plaintiff to breathe on his own.

At approximately 3 p.m. on December 11, defendant Mercy Air arrived to provide air transportation to transfer plaintiff to a burn facility. At that time, defendant Mercy Air nurse, Audrey Junor, wrongfully assumed that plaintiff was on a ventilator and did not recognize that he was on a T-tube. After this error, Junor felt that it was consistent with defendant Mercy Air's protocol to sedate plaintiff to assist in transport. Junor then administered a shot of vecuronium, which is a paralytic. As a result, plaintiff's entire respiratory system was shut down and he was unable to breathe. Plaintiff suffered permanent brain injury.

PLAINTIFFS' CONTENTIONS:
Defendant Mercy Air failed to recognize that plaintiff was not on a ventilator and that he was breathing on his own at the time they arrived to transport him. The medical records and deposition testimony clearly indicate that plaintiff was on a T-tube and not a ventilator when defendant arrived. As a result, plaintiff's airway was compromised whereby he was unable to breathe. Consequently, oxygen did not flow to plaintiff's brain.

Defendant Citrus was in charge of the care of plaintiff at all times prior to the actual transfer. At the time of the incident, plaintiff had not yet been transferred. Defendant Citrus failed to properly notify defendant Mercy Air's personnel that plaintiff was on a T-tube.

At the time of transfer, plaintiff became extubated. There was been no explanation by either of the defendants as to how this occurred. Plaintiff was extubated for approximately 10 minutes before re-intubation was successfully completed.

Lastly, the doctors at defendant Citrus had indicated earlier that plaintiff was "not safe for transport" and that he should be in the ICU. Notwithstanding this fact, defendant Citrus proceeded with transport procedures.

DEFENDANTS' CONTENTIONS:
Each defendant blamed the other based on the facts and plaintiffs' contentions.

Specials in Evidence

Plaintiffs claimed over $1 million for a home care plan. Plaintiffs claimed $43,277.40; Plaintiffs claimed $518,728.80. Plaintiffs claimed $582,311.

Injuries

As a result of both defendants' negligence, plaintiff suffered a significant hypoxic brain injury.

Result

The parties settled for $2.3 million. In addition, the workers' compensation settlement was $225,000.

Other Information

Defendants Dr. Kenneth Pak and Dr Sone-seere Wilson, represented by McCurdy & Leibl, LLP, were dismissed from this case in exchange for a waiver of costs prior to settlement. Mediator was Hon. Irwin J. Nebron, Ret.