Confidential
Settlement – $100,000Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John K. Vyden
(medical)
H. Rex Greene
(medical)
Facts
In late 1989, this patient, then a 58-year-old retired real estate broker, was diagnosed with lymphoma at Defendant hospital. He was prescribed and given the drug Adriamycin which, while frequently causing remission in lymphoma cases, has the known side effect of reductions in cardiac ejection fraction and cardiac output. Plaintiff accepted this risk and received the drug; it brought about a remission, but also brought about a 38 percent decrease in cardiac ejection fraction. Given the dramatic decrease in cardiac output, Plaintiff was advised that he should never receive that form of drug therapy again and medical records so noted. In October of 1990, this patient came out of remission and, without his permission or knowledge, was given another course of Adriamycin, in contravention of known risk. The patient's heart was so badly damaged that he was rendered an invalid until his death from congestive heart failure on May 28, 1994. Plaintiff was the patient's surviving spouse.
Settlement Discussions
Plaintiff contends she demanded $250,000 and Defendant's original offer was zero.
Specials in Evidence
not disclosed
Injuries
Death of spouse.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390