Facts

On Oct. 22, 2005, Aubrey Morehead, an 18-year-old college student, began to choke on a piece of tri-tip while at the Pt. Mugu Air Show. She was employed by Outback, one of the restaurants catering the event. Due to a series of missteps on the part of the U.S. Navy, the obstruction was not timely removed, and by the time she arrived at the hospital, where the obstruction was removed, there was no hope for survival. She lived for 18 days, after which life support was removed and she passed away.

PLAINTIFFS' CONTENTIONS:
There were two fully equipped private ambulances on base in close proximity with the appropriate equipment, a laryngoscope and Magill Forceps, to have easily removed the obstruction. However, as a result of a negligently executed Navy communication system, the ambulances were never summoned. Rather, after unavailing attempts by Navy personnel to remove the obstruction, the decedent was transported to the hospital, 20 minutes away, in an ill-equipped Navy vehicle. Alternatively, she could have been transported to the base clinic, where a tracheotomy could have been performed.

DEFENDANT'S CONTENTIONS:
The defendant initially contended that certain immunities were applicable and/or that the case should be considered under MICRA.

Settlement Discussions

At mediation, the defendant offered $280,000. Subsequent to mediation, the plaintiffs reduced their demand to $1,250,000.

Result

The case settled for $1 million after a mediation before Hon. Dickran Tevrizian.

Other Information

The case was brought under the Federal Tort Claims Act, with no right to a jury trial. FILING DATE: Sept. 13, 2007.