Robert Helland, Jacquelin Helland v. Kaiser Permanente
Published: Dec. 22, 2012 | Result Date: Sep. 21, 2012 | Filing Date: Jan. 1, 1900 |Case number: 10849 Arbitration – Defense
Court
Arbitration Forum
Attorneys
Plaintiff
Elliott N. Kanter
(Law Office of Elliott N. Kanter)
Defendant
Thomas M. Peabody
(Peabody & Buccini LLP)
Experts
Plaintiff
David A. Talan M.D.
(medical)
Defendant
Gonzalo R. Ballon-Landa
(medical)
Frank Sheridan M.D.
(medical)
Robert B. Sarnoff
(medical)
Facts
The decedent, a 24-year-old male, died from pneumonia approximately five days after presenting to Defendant, where he was diagnosed with a flu-like illness.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs, the decedent's parents, claimed that Defendant failed to check respiration, oxygenation, order a chest x-ray. If done, pneumonia would have been diagnosed and treatment with antibiotics would have cured the patient.
DEFENDANT'S CONTENTIONS:
Defendant claimed that all care was reasonable and appropriate. Chest x-ray was not indicated and the cause of death was in question.
Settlement Discussions
Plaintiffs demanded $199,999.99. Defendant made no offer.
Result
Defense after three-day arbitration with Hon. E. Mac Amos, retired.
Other Information
Kaiser is self-insured.
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