Cheryl Brungart v. Ivan Filner, D.O.
Published: Apr. 4, 1998 | Result Date: Aug. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: 96CV3995 – $296,800
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Patricia Pacey
(technical)
Richard Erickson
(medical)
Ben Galloway
(medical)
Temple Williams
(medical)
Gordon Davis
(medical)
Defendant
Burton Golub
(medical)
Herbert Jeter Thomas III
(medical)
William Markel
(medical)
Bradford Darling
(medical)
Facts
On March 30, 1996, plaintiff Cheryl Brungart's husband, decedent Christopher Brungart, a 41-year-old deliveryman, presented to defendant Dr. Ivan Filner, a chiropractor, complaining of pain in his right knee. The defendant allegedly diagnosed the diabetic decedent with a sore, swollen knee, prescribed an anti-inflamatory, and advised him to rest and immobilize his knee. On April 1, 1996, the decedent called the defendant and reported additional pain and swelling. The plaintiff claimed the defendant told the decedent to come in the next day. The decedent presented at the defendant's office on April 2, 1996, and the plaintiff claimed decedent was in septic shock, was clinically jaundiced, diaphoretic and looked sick. The plaintiff also claimed that the decedent was sweating profusely and that one of the defendant's nurses described the decedent as "cold and clammy." Per plaintiff, the nurse testified that the decedent drenched the examining room table. At that appointment, the defendant withdrew 55 cubic centimeter's of fluid from the knee, discarded it and did not order any tests or laboratory work. The defendant also took a blood test to determine the decedent's diabetic health. Defendant prescribed a narcotic pain reliever, and instructed the decedent to return on April 5, 1996. The decedent died of sepsis originating from a localized knee infection on April 3, 1996. The infectious agent was beta hemolytic streptococcus group A. After the decedent's death, the defendant called the laboratory and requested a health profile, which showed elevated creatinine, elevated blood urea nitrogen, elevated liver enzymes and decreased iron saturation, as well as increased direct and total bilirubin, all of which indicated septic shock at the time of blood was drawn. The plaintiff brought this action against the defendant based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $920,000. The defendant made no settlement offer.
Specials in Evidence
$660,000
Damages
The plaintiff claimed pain and suffering, emotional distress and loss of companionship.
Injuries
Death of a husband and father.
Other Information
The verdict was reached approximately one year and four months after the case was filed.
Deliberation
seven hours
Poll
_______ (#s pls.)
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390