Confidential
Settlement – $1,350,000Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Sean M. Burke
(Burke Argos)
Defendant
Experts
Plaintiff
David Strauss
(medical)
Gerry Aster
(medical)
Susan P. Bleecker CPA
(technical)
William K. Hummer
(medical)
Colin Stokol
(technical)
Kevin P. Becker
(medical)
Defendant
Norman H. Levine
(Greenberg, Glusker, Fields, Claman & Machtinger LLP)
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Theodore Vavoulis
(technical)
Robert Rothbart
(medical)
N. Paul Rosenthal
(medical)
Facts
In May, 1997, the plaintiff, a 19 year old unmarried female, was admitted to defendant hospital for induction and childbirth. The OB/GYN assigned to her was an employee of the hospital. After 22 hours of labor, the defendant OB granted the plaintiff's request for an epidural anesthetic. The defendant anesthesiologist, a non-board certified anesthesiologist, examined the plaintiff and found her to be very obese and therefore a very difficult patient. He proceeded with the epidural and after giving a test dose of Marcaine, he injected the anesthetic dose. The patient complained of feeling dizzy and became lethargic. She was assisted into the supine position and then she stopped breathing. The anesthesiologist called a Code Blue immediately and intubated her. She was rushed into an OR and a stat C section was performed which delivered a healthy baby boy with no neurological problems. The mother, however, never regained consciousness and remains in a coma today.
Settlement Discussions
The plaintiff made a settlement demand for $5 million. The defendant offered was $350,000.
Specials in Evidence
Medi-Cal had a lien of approximately $400,000 for past medical expenses. The plaintiff had no family to provide a home for her to live in and to be provided in-home care. Medi-Cal was responsible for all of her future medicaly expenses in long term care facility in which she is presently residing. The annual costs of her long term care were estimated to be $200,000 and the plaintiff claimed a life expectancy of approximately 10 years.
Injuries
The plaintiff suffered severe and permanent brain damage and will most likely remain in a coma for the rest of her life.
Other Information
Defendant hospital and OB/GYN were dismissed from the action and did not contribute to the settlement. The settlement was reached approximately one year and six months after the case was filed.
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