Facts

On Dec. 31, 2013, a retired 63-year-old had a sore throat, flu like symptoms and was having trouble breathing. He went to his HMO and was diagnosed with pneumonia and admitted.

On Jan. 1, 2014, at 7:15 a.m., plaintiff, the patient's wife, received a phone call from the HMO stating that they wanted to intubate her husband and she consented. Thirty minutes later, plaintiff received a call from the HMO stating she should come to the hospital immediately. When she arrived, her husband was on a respirator and in a coma. A nurse informed plaintiff that when her husband was intubated a code blue was called.

On Jan. 2, a neurologist informed plaintiff and their adult son that her husband was brain damaged and brain dead. On Jan. 3, plaintiff and her son made the decision to discontinue life support and her husband expired.

PLAINTIFF'S CONTENTIONS:
Through discovery, plaintiffs established that a respiratory therapist from the HMO, not a physician, had attempted to intubate decedent. Instead of placing the tube in the trachea to go to the lungs, the respiratory therapist placed the tube in the esophagus, which goes to the stomach. Plaintiff contended that this went undetected for a period of time causing the decedent to suffer fatal lack of oxygen to the brain.

Plaintiffs claimed that the HMO was negligent and reckless for allowing the respiratory therapist to intubate the decedent, rather than a physician/anesthesiologist, which directly caused this result.

DEFENDANT'S CONTENTIONS:
Defendant did not dispute liability, only damages.

Damages

Plaintiff sought $250,000 in general damages, California MICRA cap for wrongful death. Plaintiff also sought $336,312 (after consumption) for disability income loss. Defendant disputed the amount of disability loss and life expectancy. Defendant claimed that the decedent had significantly reduced life expectancy due to his diabetic condition.

Result

The case settled for $450,000.