Confidential
Settlement – $1,000,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)
Defendant
Facts
On April 26, 1993, the plaintiff, a 43-year-old housewife with chronic asthma, went to the defendant doctor's office because she was not feeling well. The plaintiff had seen the defendant on 21 prior occasions over a seven year period for treatment of her asthma. The defendant performed a physical examination and gave the plaintiff a prescription for Prednisone and requested that she have a chest x-ray performed that day. Prior to obtaining the Prednisone or the chest x-ray, the plaintiff returned home. Approximately one hour after leaving the defendant's office, the plaintiff called 911 and stated that she could not breathe. By the time the paramedics arrived eight minutes later, the plaintiff was in full cardiorespiratory arrest. She was transported to a hospital where she was diagnosed with anoxic encephalopathy caused by respiratory arrest due to status asthmaticus (severe prolonged asthma). The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º 998 settlement demand for $1,000,000 (policy limits). The defendant made no initial offer because there was no consent.
Specials in Evidence
$75,301 (paid by medi-cal and collateral sources) $6,000,000 (disputed)
Injuries
The plaintiff alleged that she sustained severe brain damage requiring continual attendant care as a result of the defendant's conduct. The plaintiff also alleged that she is unable to walk, cannot use her upper extremities purposefully, has very limited speech, impaired cognition of a degree not fully ascertained, has a tracheostomy stoma used for suctioning and supplemental oxygen and a gastrotomy tube for feeding as a result of the defendant's medical negligence.
Other Information
The settlement was reached approximately one year and nine months after the case was filed. The case was settled after one week of the trial, shortly before the conclusion of the plaintiff's case.
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