Confidential
Settlement – $2,834,790Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Lucien L. Trigiano
(medical)
Facts
On Oct. 9, 1995, plaintiff, a 44-year-old supermarket manager, underwent a three-level anterior cervical laminectomy diskectomy fusion. His course in recovery was uneventful. When transferred to the surgical floor, plaintiff began complaining of throat soreness, difficulty with speech, and he experienced some instability with his vital signs. He was not seen by a doctor until he suffered a respiratory arrest approximately eight hours after being transferred to the floor. Plaintiff was resuscitated but remained in a coma and appeared to be in a permanent vegetative state. A hematoma developed following the surgery which went undetected because plaintiff's neck was covered by a cervical collar which was not removed until the respiratory arrest. The plaintiff brought this action agaisnt the surgeon, anesthesiologist and hospital based on a medical negligence theory of recovery. The surgeon and anesthesiologist were later dismissed for a waiver of costs.
Settlement Discussions
The plaintiff made an initial settlement demand of $3.1 million.
Damages
Plaintiff's damages included Past medical: $615,000; Future medical: $525 per day for the rest of his life, plus physicians charges and possible need for acute care. Wage loss/past after reduction for collateral sources: $104,918; Future present cash value: $757,019.
Injuries
Vegetative state.
Other Information
The settlement was reached approximately one year and six months after the case was filed and before the designation of experts. From the cash proceeds of the settlement, a Medi-Cal lien of $216,403.22 was satisfied and a Valley Clerks Trust Fund lien was settled in the amount of $288,750. Valley Clerks Trust Fund claimed that ERISA preempted C.C.P. º333.1(b) and allowed recovery of their lien. According to plaintiff, although there is no California case on point, case law from outside of California supported their position, and the defendant made provision for settlement of their lien in the settlement. The plaintiff then died suddenly on Jan. 21, 1998, three months after the settlement was finalized.
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