Confidential
Settlement – $240,000Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Sonia M. Mercado
(Sonia Mercado & Associates)
Antonio H. Rodriguez
(Law Offices of Antonio H. Rodriguez)
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
Facts
Decedent, an indigent 50-year-old woman, was experiencing minor vaginal bleeding, and had an ultrasound which definitely indicated she had fibroids. She was referred to defendant surgeon, who on the first visit and without doing a vaginal examination, ordered that she undergo a surgery/laparoscopy. On the date of the first scheduled surgery, defendant had surgery continued because of plaintiff's hypertension. On the date of the second scheduled surgery, she had an abnormal EKG and low hemoglobin. Plaintiff reported that defendant anesthesiologist stated in deposition that he knew before the surgery that these conditions placed the patient at high risk for death or a coma. Upon arrival at the recovery room, the receiving nurse noticed that the decedent was cyanotic and had shallow breathing. Sshe went into a coma and died five days later. The plaintiffs, decedent's sons, brought this action against defendants based on a medical malpractice theory of recovery.
Settlement Discussions
Settlement discussions were not disclosed.
Damages
The parties agreed that there was not much loss of earning (at final settlement both plaintiffs were adults), and the settlement focused on non-economic damages, loss of society and love, limited by MICRA to $250,000.
Injuries
Death of a mother.
Other Information
The settlement was reached before experts were deposed. The case settled against all defendants for a total of $240,000. Defendant doctors were insured by the same carrier.
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