Confidential
Settlement – $150,000Facts
On Nov. 1, 1996, decedent, an 85-year-old man, underwent what was anticipated to be out-patient surgery for the implantation of a lumbar analgesic pump designed to administer and control intervals of pain medication to treat his chronic lumbar pain. While decedent was under monitored anesthesia care on the part of defendant doctor, it was noted by his surgeon, upon initial incision, that decedent's blood was abnormally dark. Surgery was immediately terminated and intubation attempts were performed, but decedent suffered severe metabolic acidosis prior to the time that an airway could be re-established. As a result, the decedent died approximately one month later, following removal of life support systems. The plaintiffs, the decedent's heirs, brought this action against defendant doctor based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $200,000. The defendant made an offer of $50,000.
Specials in Evidence
$47,132 Medi-Care Lien (reduced to $30,000 as part of overall settlement)
Damages
Medical Bills: $47,132 Medi-Care lien (reduced to $30,000 as part of overall settlement)
Injuries
The decedent suffered severe metabolic acidosis causing death approximately one month post surgery.
Other Information
Per plaintiffs, candid exchanges of information between plaintiff's counsel and defendant's insurance representative produced this settlement without the need for litigation. The settlement was reached approximately two months after the case was filed.
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