Facts

On Dec. 14, 2005, Peter Lakos Sr., 73, was a patient at Kaiser's Harbor City facility. Lakos had type II diabetes and was scheduled to be released to an extended care facility for physical therapy. Mark O'Bannon, a nurse at Kaiser, injected Lakos with 80 units of NPH insulin, which was ten times the prescribed amount. Lakos' blood sugar level fell and he stopped breathing. On December 27, he went into respiratory arrest and died.

PLAINTIFFS' CONTENTIONS:
Lakos' widow, Rose, and his two sons, Peter Jr. and Angelo sued Kaiser for wrongful death claiming that Kaiser's staff negligently gave Lakos a fatal overdose of insulin.

DEFENDANT'S CONTENTIONS:
The defendant denied that Lakos died from the overdose, instead contending that he died due to multiple other problems and his unwillingness to comply with the recommended care treatment. The defense also argued that plaintiffs had failed to produce any documentation to support their loss of support claim. The defense further contended through expert witnesses that the overdose was not negligent because the nurse "perceived" 80 units was the proper dosage (even though in reality it was 8 units).

Settlement Discussions

According to defense counsel, plaintiff demanded $470,000, reduced to $440,000, then further reduced to $416,000.

Damages

The plaintiffs sought $200,000 in special damages and $250,000 in general damages (capped under California's MICRA law). Plaintiff Rose sought burial expenses. Plaintiff Peter sought past lost earnings since he had stopped working to be with his father in the hospital and attend his funeral.

Injuries

Lakos' died as a result of the incident.

Result

The case went to arbitration and the arbitrator found that the overdose was negligent and caused Lakos' death. The Lakos family was awarded $318,944.