Facts

Frank Merritt was born on April 12, 1942. He served in the military from 1960 through 1964 reaching the rank of Air Force Airman First Class. Merritt worked for various companies and eventually entered the acting industry as an actor and stunt man for several movies and television programs.

Merritt's father had been diagnosed with an abdominal aortic aneurysm (AAA). As a result, both he and his brother were advised by private physicians they should be periodically scanned via ultrasound every six months or so. He was further advised that if he did have an aneurysm and it reached 5 to 6 centimeters, it needed to be managed surgically. Merritt was diagnosed with a 2 to 3 centimeters aortic aneurysm and was advised to have it rescanned periodically in approximately 2002.

On April 28, 2004, Merritt entered the VA at Loma Linda and saw internist Dr. Khehra. He informed Dr. Khehra of his past medical history. Dr. Khehra testified that he personally evaluated Merritt on a number of occasions. Despite his evaluation, he did not record any history of AAA, nor was any scanning conducted. Dr. Khehra claimed that Merritt failed to inform him of his past history. Plaintiff's counsel contended that a trainee physician documented that plaintiff had hold her about the AAA and concurrently complained of back pain, which is a promonitory sign of AAA impending rupture, about a month prior to the rupture. While Dr. Khehra reviewed his trainee's evaluation, he did not take a any steps to call for vascular workup or imaging studies to follow up on AAA.

On Nov. 10, 2005, Merritt's AAA ruptured and he was rushed to Victor Valley Community Hospital. He was then flown to Loma Linda for surgery, which was successful. Plaintiff's counsel contended that Merritt was under the exclusive care and control of VA from 2004 to the present.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendants failed to properly evaluate and monitor him for an AAA. The plaintiff further contended that serial monitoring would have revealed a slowly enlarging AAA and it could have been operated on electively as opposed to an emergent fashion on Nov. 10, 2005.

DEFENDANTS' CONTENTIONS:
The defendants contended that Merritt failed to inform them of his prior history of AAA; and that a 2 to 3 centimeter aneurysm, if known, would not merit follow-up.

Settlement Discussions

The plaintiff demanded $375,000. The defendant offered $50,000.

Damages

The plaintiff claimed MICRA damages of $250,000. The plaintiff also claimed future life care costs for medical care of a one time future medical costs of $42,448 and annual costs between $6,819 and $20,000. The defendants disputed the future medical costs and indicated all care could be provided at the VA as a collateral source.

Injuries

Plaintiff survived the rupture of his AAA, but was left with cognitive and memory deficits which limited his ability to continue in his profession; lost his vision in one eye; and was left with abdominal and other sequelae from the emergency surgery at Loma Linda University where he had been transferred from Victor Valley Hospital.

Result

The case settled for $200,000 during a mediation with Darrell Forgey of Judicate West.