Confidential
Settlement – $400,000Judge
Court
USDC Central
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Experts
Plaintiff
Catherine M. Graves MBA
(technical)
Dennis M. Crockett
(medical)
Lorna J. Lord
(medical)
Defendant
Joel Sercarz
(medical)
M. Kate Thomas
(medical)
Facts
On April 6, 2001, Michael Tudor, a 48-year-old salesperson, was admitted to the Long Beach Veterans Administration for an interior discectomy surgery. The surgery was performed without incident, but on April 7, Tudor was transferred to the surgical step-down unit as a result of a potentially developing hematoma. The following day, a nurse anesthetist found Tudor in extreme respiratory distress as a result of the hematoma. She claimed that the nurses in charge of Tudor's post-operative monitoring were standing within visual distance of him, yet taking no action. Tudor was transferred to the surgical intensive care unit. An emergency tracheotomy was performed. This resulted in viral cord and vertebrae damage to the cervical spine. Tudor sued Veterans Administration Long Beach and its operator, the United States of America, for medical malpractice.
Settlement Discussions
The plaintiff demanded $862,208 and the defendant offered $50,000.
Specials in Evidence
$24,000 $705,000
Damages
The plaintiff sought damages pursuant to MICRA state limits in the amount of $250,000. He further stated that he could not return to his employment as a salesman. He also argued that he had medical expenses of $24,000.
Injuries
The plaintiff suffered emotional distress.
Result
$400,000 settlement
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