Christine Classick, individually, and as Guardian ad Litem for Nicholas Classick v. The Regents of the University of California
Published: Jun. 5, 2010 | Result Date: Apr. 1, 2010 | Filing Date: Jan. 1, 1900 |Settlement – $4,950,000
Court
Confidential
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Marc N. Zimmerman
(Office of the San Francisco City Attorney)
Experts
Plaintiff
Mark Eaton
(medical)
Facts
Plaintiff Nicholas Classick was a 53-year-old sales manager for Oracle. While at San Francisco International Airport on Sept. 26, 2007, he fainted, hitting his head on the floor tile and becoming dazed. Classick was rushed by ambulance to San Francisco General Hospital, where a head CT scan revealed a small subarachnoid hemorrhage. An EKG also revealed what appeared to be a heart attack. Subsequent angiography showed an occluded right coronary artery. Although Classick was hemodynamically stable, a cardiologist at the hospital decided to proceed with angioplasty and stenting that included large dosages of anticoagulant. While in the Cardiac Catheterization Laboratory, Classick developed massive bleeding into the brain (bilateral frontal intraparenchymal hemorrhages) following the administration of anticoagulant agents. Although Classick survived, he suffered permanent brain damage, requiring approximately eight months of hospitalization. He is no longer able to work.
Contentions
PLAINTIFF'S CONTENTIONS:
Classick contended that given the knowledge of his head injury, the stenting procedure was contra-indicated and presented an unacceptable risk of brain hemorrhage. The danger from plaintiff's clogged coronary artery was not life threatening.
DEFENDANT'S CONTENTIONS:
The defense contended that Classick's severely occluded coronary artery had to be addressed to avoid further damage to the heart; and the physicians were placed in a difficult situation where they had to exercise their best judgment.
Specials in Evidence
$1.6 million, all of which were waived by the health insurance provider. No detailed work-up regarding other specials was submitted.
Injuries
Classick suffered traumatic encephalopathy. Classick was rendered with significant cognitive deficits.
Result
The case settled for $4,950,000.
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