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Personal Injury
Medical Malpractice
Anesthesiology Negligence

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

Charles R. Hayes

Court

San Diego Superior


Attorneys

Plaintiff

T. Michael Reed


Defendant

Lisa Willhelm

Jeffrey B. Barton


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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