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CONFIDENTIAL

Jan. 2, 2001

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $1,000,000

Court

L.A. Superior Central West


Attorneys

Plaintiff

Russell S. Kussman


Facts

The plaintiffs were the surviving wife and children of a 61-year-old man who presented to a local emergency
room with chest pain, back pain and leg numbness and weakness. These symptoms were due to a dissecting
thoracic aortic aneurysm. However, defendant internist concluded that the symptoms were due to a
combination of a viral syndrome plus anxiety. The true diagnosis was missed and the patient went on to
rupture his aorta. He died approximately 30 hours after his initial presentation.

Settlement Discussions

The plaintiffs demanded $1 million. The defendant offered $500,000.

Other Information

Prior to trial the plaintiffs settled with the emergency room doctor who initially saw the decedent in the emergency room for $900,000. The case went to trial against the internist and settled near the completion of the plaintiffÆs case-in-chief for an additional $1 million.


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