Confidential
Settlement – $3,250,000Judge
Attorneys
Plaintiff
Steven C. Smith
(Smith LC)
Defendant
Dennis K. Ames
(La Follette, Johnson, DeHaas, Fesler & Ames)
Facts
On December 29, 1992, the plaintiff, a 2-year-old, underwent successful open-heart surgery at the defendant hospital. On January 2, 1993, the plaintiff was transfered to the pediatric cardiac intensive care unit (PCICU) for post operative care. The plaintiff suffered hypoxia while in the PCICU. The plaintiff child brought this action against the defendants based on medical malpractice and negligence theories of recovery. The plaintiff child's parents also brought an action against the defendant hospital based on negligent infliction of emotional distress theory of recovery due to the subsequent conduct of the defendant hospital's staff when they reported the plaintiff's child's condition to them. (The parents' claims were not based on bystander observance of injury to the child.)
Settlement Discussions
Per the defendants, the plaintiffs made a settlement demand for $4,500,000 (structured). The defendants made a settlement offer for $2,000,000 which was increased to $3,250,000 at a voluntary settlement conference before Judge Turner of J.A.M.S./Endispute. Per the plaintiffs, the plaintiffs demanded $3,400,000 amd the defendant offered $2,750,000 which was increased to $3,000,000.
Specials in Evidence
unknown $1,200,000 (plaintiff child) $3,200,000 present value (plaintiff child) [all meds were paid by a collateral source]
Damages
Each of the plaintiff parents claimed $125,000 in pain and suffering damages. The plaintiff child claimed $250,000 in pain and suffering damages.
Injuries
The plaintiff child alleged that he sustained global brain damage causing profound retardation/cerebral palsy (permanent disability) requiring lifetime attendant care as a result of the defendants medical malpractice. The plaintiff parents alleged that they suffered severe emotional distress due to the manner the hospital reported their son's injuries.
Other Information
The settlement was reached approximately two years and one month after the case was filed. A voluntary settlement conference was held in November of 1995, before Judge Turner of J.A.M.S./Endispute. The matter settled on December 21, 1995, before Judge Kry of San Bernadino Superior Court for $3,250,000..
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