Osazeman Obazee, a minor v. Regents of the University of California
Published: Mar. 21, 1998 | Result Date: Oct. 21, 1997 | Filing Date: Jan. 1, 1900 |Case number: 704276 Verdict – $6,800,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Cary P. Mack
(technical)
Thomas A. Schweller M.D.
(medical)
Richard D. Jones
(Jones Mayer)
(technical)
Judith Allen
(medical)
Tim Connole
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Defendant
Margaret Jane Miller
(technical)
Ted Vavoulis
(technical)
Glenn W. Fowler
(medical)
Herbert G. Grossman
(medical)
Facts
On Oct. 24, 1995, plaintiff Osazeman Obazee, a 2-year-old boy with sickle cell anemia, presented at defendant Regents of the University of California's hospital with complaints of hand pain. The defendant's anesthesiologist anesthetized plaintiff before he underwent an MRI (magnetic resonance imaging). The plaintiff claimed the anesthesiologist misread plaintiff's weight as 24 kilograms instead of 24 pounds and gave plaintiff two times the proper dosage of anesthetic, which caused plaintiff to suffer respiratory arrest. The plaintiff brought this action against defendant based on medical negligence and malpractice theories of recovery. Per defendant, liability was admitted and the sole issue was damages.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $2 million.
Specials in Evidence
$250,000 $240,000 $1.8 million ($5-7 million, per defendant)
Damages
The plaintiff claimed $4 million ($7 million according to defendant) in attendant care and $400,000 in housing costs. The plaintiff claimed that his life expectancy would be 40 years, and that he would require 24-hour care. The defendant claimed that plaintiff's life expectancy would be 12 to 15 years, and that attendant care could be provided by a direct hire live-in for $2-3 million.
Injuries
The plaintiff suffered severe brain damage, spastic quadriplegia and mental retardation.
Other Information
POST TRIAL MOTIONS: The defendant's motion for new trial was denied.
Deliberation
1½ hours
Poll
__________ (#s pls.)
Length
six days
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