Milton Gayles v. Kaiser Foundation Hospital; Kaiser Foundation Health Plan; Southern California Permanente Medical Group
Published: Sep. 19, 1998 | Result Date: May 1, 1998 | Filing Date: Jan. 1, 1900 |Case number: DUM0001670 Arbitration – $165,000
Arbitrator
Court
American Arbitration Association
Attorneys
Claimant
Gary M. Schneider
(Law Office of Gary M. Schneider )
Respondent
Experts
Claimant
Marshall Redding
(medical)
Harold S. Marcus
(medical)
Robert F. Foran
(medical)
Respondent
Jay N. Schapira M.D.
(medical)
Ronald H. Wender
(medical)
Ralph Hutchings
(medical)
Peter Gaal
(medical)
Facts
On Sept. 10, 1996, the claimant's decedent, Tommie Lee Gayles, a 63-year-old woman, had a treadmill stress test at defendant Kaiser that was interpreted as abnormal at a moderate workload, with 2.0 millimeters of ST segment depression accompanied by chest pain. On Oct. 10, 1996, the decedent underwent an angiogram that showed significant triple vessel coronary artery disease. Following the angiogram, the decedent had severe chest pain and had EKG changes indicative of severe ischemia. As a result, the decedent was hospitalized for three days. Per the plaintiff, although the angiogram showed triple vessel coronary artery disease, defendant Kaiser did not offer the decedent a coronary artery bypass graft at that time, opting instead to discharge her with medical therapy. On Nov. 22, 1996, the decedent presented herself in the Emergency Department of defendant Kaiser Sunset with complaints of temporary episodes of loss of vision in her right eye (amaurosis fugax). The decedent was then hospitalized and a carotid angiogram on November 26 showed a small ulcer that the Kaiser staff felt may have been responsible for the amaurosis fugax. Based on this possibility, the Kaiser doctors recommended to the decedent that she undergo a carotid endarterectomy which was performed on Nov. 27, 1996. The carotid endarterectomy was performed notwithstanding the fact that the decedent had not had any further episodes of vision loss since November 23, and was performed without a cardiology consultation which had been requested and ordered. Following the surgery on November 27, while she was still in the operating room, the decedent suffered a cardiac arrest. While she was eventually resuscitated, she never recovered from this event and died on December 7. The decedent's sons brought this wrongful death action against the respondents based on medical negligence.
Settlement Discussions
The claimant made a C.C.P. º998 settlement demand for $225,000. The respondent made no offer.
Injuries
Death of mother.
Other Information
The verdict was reached approximately one year after the case was filed. The award has been paid.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390