Confidential
Settlement – $890,000Facts
During July of 1991, the plaintiff, a 47-year-old heavy duty mechanic, was treated by the defendants and being "worked up" for Hodgkin's lymphoma. After a contrast CT scan, the plaintiff complained of pain, tenderness, swelling and eventual discoloration at the back of his left hand where the IV had extravasated during the CT. The plaintiff alleged that the pain increased during the evening of August 3, 1991, gradually spread up his forearm and became excruciating. The plaintiff's wife took him to the emergency room at 4:45 a.m. on August 4, 1991. The plaintiff complained of an inability to open his hand and suffering extreme pain. A forearm x-ray was read as normal by the defendant emergency room doctor. (A radiologist later disagreed, allegedly finding that it showed gas present.) The plaintiff was neutropenic, with a WBC of 1.1. He was diaphoretic and had tachycardia while in the emergeny room and became increasingly hypotensive. There was no pain relief, despite Toradol, Demerol and Morphine. The plaintiff's forearm allegedly became increasingly firm. The defendant emergency room doctor ordered an infusion of calcium and magnesium, as those levels were low. Gas gangrene due to a clostridial bacteria was diagnosed by 10:30 a.m. by two consulting doctors who noted swelling, crepitus and a compartment syndrome. The plaintiff was referred to a vascular surgeon who concurred in the diagnosis. By noon, similar complaints were documented in the right hip area where an intramuscular pain injection had been administered. Symptoms in the hip worsened and spread in the lower extremity as the day wore on. The defendant surgeon ordered antibiotics and did an afternoon fasciotomy of the left forearm. The defendant surgeon also performed an evening fasciotomy of the right lower extremity. The plaintiff was then transferred to another hospital for hyperbaric oxygen therapy (HBOT), which was done. Amputations of the left upper and right lower extremities were performed the next morning. The plaintiff brought this action against the defendants based on medical negligence theories of recovery. The plaintiff's wife brought an action for loss of consortium.
Settlement Discussions
Partial settlements were achieved with varying defendants in the months following expert depositions while waiting for an available court room with the final settlement reached in December of 1995, in the proceedings before Judge Turner. Overall settlements totaled $890,000, resolving the case as to all defendants except the emergency room physician who received a defense verdict.
Specials in Evidence
$_______ $161,000 $3,400,000 $_______
Damages
The plaintiff wife claimed loss of consortium.
Injuries
The plaintiff husband alleged that he sustained loss of his upper left extremity, including the shoulder and loss of his lower right extremity, including half of his pelvis resulting in his permanent disability as a result of the defendant's medical malpractice. Both plaintiffs claimed general damages for pain and suffering.
Other Information
The final settlement was reached approximately three years and one month after the case was filed.
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