Confidential
Settlement – $210,000Facts
On Oct. 18, 1995, patient, age 42, had been undergoing dialysis regularly. The patient had been hooked up to the dialysis equipment for about an hour when a nurse looked in and told the technician he was doing it wrong. The technician started over. On October 19, the patient was extremely tired all day and by the evening, the patient and her husband noticed that blood was not visibly pumping at the catheter site. The plaintiff's husband called defendant Dr. Roe No. 1 stating his concerns. Dr. Roe No. 1 told him to take her to the emergency room if she was seriously ill, otherwise, he would see her in the morning at his office. On October 20, the patient, with her husband went for dialysis treatment and advised the nurse no blood was pumping in the shunt. The nurse checked and called Dr. Roe No. 1. The plaintiff's husband then took his wife to Dr. Roe No. 1's officce where the doctor checked the shunt and admitted her to defendant hospital. Upon admission, the patient was seen by Dr. Roe No. 2, who stated the shunt was clogged and that they would unclog it by 7 a.m. the next morning. The patient received no further treatment or medication that day. On October 21, an anticoagulant was injected to unclog the tube. This procedure was only partially successful. On October 22, Dr. Roe No. 2 placed a balloon into the shunt and inflated in an effort to unclog the shunt. Again, he was only partially successful. High volumes of anticoaglants were used. On October 23, the patient awoke witrh a terrible headache and vomiting. At 10 a.m., her husband asked a nurse to call Dr. Roe No. 1 immediately. Dr. Roe No. 1 called ICU and ordered two Tylenol for the patient. The patient's headache worsened and the nurse called Dr. Roe No. 1, who called in stronger medication. At 2 p.m., Dr. Roe No. 2 attempted the ballon procedure again and at 3:30 p.m. informed them the procedure was successful . At 5 p.m., Dr. Roe No. 1 arrived and ordered the patient's husband to laeve. At 5:30 p.m., the patient's husband returned to find Dr. Roe No. 2 and several nurses gathered around his wife's bed. Dr. Roe No. 2 told him that she had stoped breathing due to aspirated vomitus. Dr. Roe No. 2 placed her on a ventilator and revived her but felt no movement. He assured the patient's husband that his wife was not in a coma, but was sedated so that she could rest. At 7:30 p.m. Dr. Roe No. 2 explained to patient's sister-in-law that he had tried the balloon procedure that morning with only partial success, and then asked Dr. Roe No. 1 if he could place a shunt in patient's neck for dialysis. He stated Dr. Roe No. 1 told him no and wait until the next day. On October 24, the patient's husband was at his wife's bedside when he noticed she was cold to the touch. He told the nurse, who provided a blanket. At 8 a.m., a nurse told the family that patient was in a coma. Thereafter, a CT scan and EEG were performed and the results given to Dr. Roe No. 1 who then informed the family that the test were only precautionary and that he had ordered a brain flow test to be performed at 8 p.m. When the family told a nurse of Dr. Roe No. 1's plans, the nurse exclaimed "no" and that the family should speak with a neurosurgen. A neurosurgen was called who informed them that there would be no operation, that the patient was brain-dead. It was not until the next day that Dr. Roe No. 1 finally told plaintiff that his wife was brain-dead. She was taken off the respirator and was pronounced dead that afternoon. The plaintiffs, the decedent's husband and minor son, brought this action against the defendant based on medical negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $___________. The defendants made a C.C.P. º998 offer of compromise for $__________.
Injuries
Wrongful death of a 42-year-old wife, and mother of a 12-year-old son.
Other Information
The settlement was reached approximately ___ years and __ months after the case was filed. A settlement conference was held in November 1998 before ______ (name) of ______ (affiliation) resulting in settlement.
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