Confidential
Settlement – $3,000,000Court
San Diego Superior
Attorneys
Plaintiff
Cynthia R. Chihak
(Cynthia Chihak & Associates)
Experts
Plaintiff
James E. Pierog
(medical)
William Randall
(medical)
Arnold Starr
(medical)
George Scher
(medical)
Lee Cantrell
(medical)
Sharon K. Kawai M.D.
(medical)
Defendant
Richard Ruffalo
(medical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Lawrence Cohen
(medical)
Jack L. Segal
(medical)
Gordon Sze
(medical)
Lawrence P. Bogle
(medical)
Michael Smolens
(medical)
Daniel Abbott
(medical)
Ivan Barrett
(medical)
James S. Grisolia
(medical)
Ted Vavoulis
(technical)
Facts
The plaintiff, age 62, went to a hospital in her community when she was experiencing headaches and nausea. She was receiving phenobarbital and Dilantin for a long history of seizures. While in the emergency room, to relieve her pain, she received 1 milligram of Dilaudid IV. Although her pain receded, within less than two hours, the ER physician ordered a second milligram of Dilaudid. When a lumbar puncture could not be performed by the defendant emergency room physician, she was sent to the radiology suite to have the procedure performed under fluoroscopy. While in this suite, without monitoring the patient, the defendant emergency room physician prescribed two additional milligrams of Dilaudid without directions. The nurse gave the medication without titrating the dose and without observing the patient or taking the patient's blood pressure. During the course of the procedure, the patient became non-responsive and cyanotic. Her condition was not noticed until she was asked to roll over. At that point a code blue was called and she was resuscitated.
Settlement Discussions
The plaintiff submitted a demand to the defendant physician for $1,560,000. There was no offer. The case settled with the defendant medical center for $1.5 million ($1,250,000 to the plaintiff and $250,000 to the plaintiff's spouse for loss of consortium); and settlement for $1.5 million with defendant radiologist for a total settlement of $3 million. The case was settled before retired Judge Vincent DiFiglia.
Injuries
The patient suffered a severe hypoxic brain injury resulting in partial paraplegia necessitating 24-hour a day care.
Other Information
The case will go to trial against the remaining defendant, the physician, on Nov. 4, 2004.
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