Carl Wells, Estate of Joan Wells, etc.
Published: Nov. 18, 2000 | Result Date: Oct. 17, 2000 | Filing Date: Jan. 1, 1900 |Case number: GIC738440 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Steven A. Heimberg
(Heimberg Barr LLP)
Defendant
Thomas E. Lotz
(Lotz Doggett & Rawers LLP)
Facts
On Nov. 9, 1998, the decedent, Joan Wells, was admitted to Mission Bay Hospital with atrial fibrillation with
rapid ventricular response and congestive heart failure. After stabilization with medications, the patient was
transferred to the settled hospital under the care and treatment of Dr. Jerrold Glassman. Dr. Joseph Stein was
asked to consult as his specialty is rhythm disorders.
After evaluation, Dr. Stein determined that additionally, the patient suffered from Ttorsade de Pointes and
recommended a multi phased procedure including possible cardioversion, ablation of the av node, implantation
of a pacemaker/defibrillator. After informed consent was provided and consent obtained, Dr. Stein proceeded
with the procedures on November 11. Due to a large clot in the atrium, cardioversion was not able to
accomplished. The procedure was without complication.
Post-procedure, the patient was started on anticoagulant therapy. The patient complained of intermittent, severe
chest pain sometimes accompanied by shortness of breath and nausea. She continued to be followed by Drs.
Glassman and Stein.
In the late afternoon on November 13, she suffered cardiac arrest and was unable to be resuscitated. The
autopsy determined that she had bled approximately 2500 ccÆs into her chest.
Settlement Discussions
The plaintiffs demanded $100,000. The defendants made a C.C.P. Section 998 waiver of costs.
Other Information
The plaintiffs dismissed their case with prejudice in exchange for a waiver of costs and any potential malicious prosecution action. The plaintiffs had previously settled with co-defendants for $75,000.
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