Facts

Plaintiff presented to Kaiser emergency room on post-operative day nine complaining of an elevated temperature (experience at home) and a slightly elevated white count with a left shift and pain. She also had mildly elevated blood sugars. Plaintiff was discharged to home without any treatment or antibiotics. Plaintiff later filed suit against Kaiser for negligent treatment.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Kaiser failed to diagnose a post-operative knee infection and that, due to a 20-day delay in diagnosis, plaintiff lost all connective tissue in her knee.

Plaintiff's expert, Dr. Robert Goldweber, opined that elevated temperature, white count, and blood sugar are signs of infection.

DEFENDANT'S CONTENTIONS:
Defendant contended that the elevated temperature at home on the day of presentation to the emergency room was not duplicated in the emergency room. The defense further contended that plaintiff did not present with warmth, redness, swelling, or any typical signs of infection. The defense argued that mildly elevated blood sugar and white counts can be due to the stress of post-operative pain.

The defense contended that plaintiff was discharged without any pain and consulted five days later with her orthopedist, who also did not diagnose her with an infection.

Settlement Discussions

Plaintiff demanded $750,000. The defense made no offer.

Result

Award for $749,000.