Confidential
Settlement – $3,900,000Court
Confidential
Attorneys
Plaintiff
Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)
Penelope A. Phillips
(Kenneth M. Sigelman & Associates)
Facts
The plaintiff, a 30-year-old male employed in the Merchant Marine but on disability at the time of the incident,
had been diagnosed, at age 11, with juvenile onset diabetes. He dropped out of high school, and joined the
merchant marine. He later obtained a GED. He underwent retinal surgery for diabetes in January 1999. A
second procedure was required. This was to be performed on April 9, 1999 by the defendant ophthalmologist.
The ophthalmologist did not give the plaintiff any instructions regarding his diabetes medication, although at
the time of the January surgery, he had instructed the plaintiff to take half his usual dose of medication, which
the plaintiff did.
When the plaintiff arrived at the defendant hospital on April 9, 1999, he wrote on a history form provided by
the hospital that he had taken insulin that morning and wrote the dosage. The nurse then wrote on the hospital
record that the plaintiff had taken no medications that morning and, under a box, which specifically requested
information regarding Insulin dosage, if applicable, the nurse left the space blank.
The defendant anesthesiologist was aware that the plaintiff was undergoing surgery for diabetic retinopathy
and that the plaintiff was an insulin-dependent diabetic. The anesthesiologist did not ask the plaintiff how
much Insulin he had taken that day because, according to the defendant anesthesiologist, the plaintiff was a
"poor historian." The plaintiff then underwent a four-hour surgery, during which he was given IV fluids, none
of which contained glucose. The plaintiffÆs blood sugar was not monitored at any time during surgery.
Subsequent to the surgery, the plaintiff did not arouse from anesthesia. His blood sugar
was found to have dropped to a critically low level. He suffered a seizure, with resulting brain
damage.
Settlement Discussions
The plaintiffÆs initial demand was $6 million. The first offer submitted by the defendant was $1.7 million.
Specials in Evidence
paid by collateral sources $400,000 (according to the plaintiff); zero (according to the defendant) $6.6 million (according to the plaintiff); $800,000 present value (according to the defendant)
Injuries
The plaintiff remained comatose for approximately four days. He ultimately regained consciousness and his intelligence level was tested multiple times following the incident and found to be within the normal range. However, the plaintiffÆs own executive function, which involves his insight into his own limitations, and his ability to make responsible decisions, was severely impaired. The plaintiff suffered residual permanent brain damage involving slurred speech and impaired executive function.
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