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CONFIDENTIAL

Apr. 17, 2001

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $200,000

Court

Case Not Filed


Attorneys

Plaintiff

Richard T. Lobl

Michael M. Berger
(Manatt, Phelps & Phillips LLP )


Facts

According to the plaintiff: In September 1999, the plaintiffsÆ decedent, 69, presented to the defendantÆs facility
with complaints of rectal bleeding. The patient was admitted in the hospital and shortly thereafter diagnosed
with varicose (an enlarged and tortous vein, artery and lymphatic vessel). An endoscopic procedure revealed
that those varicose were gastric in nature and not esophageal.
In order to alleviate the blood loss, respondentÆs were transfusing the patient in order to keep him in stable
condition. Despite other less invasive procedures, the defendants recommended that the patient undergo a TIPS
procedure which is a radiological procedure performed percutaneously through the internal jugular vein that
blunt intrahepatic parenchymal tract between the portal and hepatic veins.
Due to the defendantsÆ lack of specialists to perform that procedure at the hospital, the defendants attempted to
contact other facilities and physicians in order to transfer the patient. However, no other facility was available.
Thereafter, due to the failure to locate specialists as well as failure to properly treat the patient, the defendants
attempted to undertake the certain unnecessary and life threatening procedures on the patient.
During the course of the placement of the Linton tube, a questionable treatment at best, which was an attempt
to temporarily tamponade the flow of blood for the condition which the decedent was diagnosed with, a rupture
of his esophagus occurred. As a result of this rupture, and the sequalae which followed, the patient died shortly
thereafter.
The decedentÆs wife the adult children brought this medical malpractice action against the defendants.

Other Information

This matter was resolved prior to the taking of any of the defendants' depositions herein.


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