David Burros, et al. v. Redbud Community Hospital District
Published: Nov. 16, 2000 | Result Date: May 5, 2000 |Case number: 964345 Verdict – $0
Judge
Attorneys
Plaintiff
Defendant
Matthew F. Miller
(DLA Piper US)
Robert T. Lynch
(Law Offices of Madden & Lynch PC)
Facts
FACTS & CONTENTIONS: The decedent was the plaintiffsÆ son, Cody Collins Burrows, who was 11 months
on the date of his death. The incident occurred on Feb. 25, 1996 at Redbud Community Hospital.
The plaintiff contended that the defendant failed to recognize and treat sepsis and dehydration, leading to
eventual cardiac arrest after the decedentÆs transfer to Santa Rosa Community Hospital. The plaintiffs further
contended that their child should have been transferred from Redbud to Santa Rosa Community Hospital by
ambulance rather than private vehicle.
The defendant contended that the decedent suffered only from mild dehydration, no sepsis and that the
defendantÆs treatment led to the infant appropriately consuming oral fluids in the latter part of the
hospitalization at Redbud Community Hospital.
The defendant further contended that the child suffered no sepsis but rather died as a result of unexpected acute
renal failure triggered by mild dehydration and the nephrotoxic effect of Ibuprofen on the kidneys. In
conjunction, this pathology led to cardiac arrest from electrolyte disturbances shortly after arrival at Santa Rosa
Community Hospital.
Settlement Discussions
Accoding to the defendant: The last pretrial demand was $610,000. The final offer was $250,000.
Damages
According to the defendant: Despite MICRA limits, the plaintiffs sought $8.3 million in general damages for the wrongful death cause of action. The plaintiff mother sought general damages of $8.3 million and exemplary damages for the bystander emotional distress cause of action. The plaintiffs additionally alleged a survival action on behalf of Cody Burrows, seeking special damages of $60,000 for medical expenses an exemplary damages of $3 million. Finally, the plaintiffs sought an injunction against defendant under California Health & Safety Code section 1317 and attorney fees under this provision in the amount of $600,000.
Injuries
Death of an 11-month-old son and emotional distress for mother.
Deliberation
eight hours
Poll
8-0
Length
eight days
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