Estate of Nicole Wilson, et al. v. Kaiser Foundation Hospitals, So. Cal. Permanente Medical Group, Kaiser Foundation Health Plan Inc., et al.
Published: Feb. 24, 2004 | Result Date: Jan. 22, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC267311 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Benjamin L. Pavone
(Pavone & Fonner, LLP)
Defendant
Experts
Plaintiff
Jane Turner
(medical)
John L. Cooper
(medical)
Defendant
John Vierling
(medical)
Facts
The decedent, Nicole Wilson aka Daalyah Ibadah-Ahmad, was diagnosed with auto-immune hepatitis in 1998. She was prescribed immuno-suppressant medications, which she would take (disputed) claiming that she did not like the side effects of Prednisone. This was despite the fact that her attendant physician, Dr. Jeffrey Kahn, had advised her that if she did not take the medication, she had less than a 90 percent likelihood of surviving 10 years. Two years after the diagnosis was made, her liver condition deteriorated to the point of her needing to be listed for liver transplantation. Despite being told this, she left California for a trip to Syria. When she returned one month later, she had developed a bacterial peritonitis. She was hospitalized at Kaiser until a bed was available at UCLA, where she was to undergo transplantation if deemed an appropriate recipient. She was discharged from UCLA after allegedly being listed for transplantation. Less than a week later, she again developed a bacterial peritonitis and was again hospitalized at Kaiser until a bed was available at UCLA. Once transferred to UCLA, her transplantation status was upgraded, but she expired from sepsis.
Settlement Discussions
The plaintiffs made an informal demand for $175,000 during the trial; the defendants served a C.C.P. Section 998 during the pendency of the case for a waiver of costs.
Damages
Death of a 29 year-old daughter.
Injuries
Death of a 29-year-old daughter.
Result
A defense verdict for all the defendants. The plaintiffs dismissed Drs. Kahn and Donovan at the outset of trial.
Deliberation
1/3 hours
Length
11 days
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