Confidential
Verdict – $2,309,020Facts
The decedent, aged 39, went to the emergency room on April 25, 1999 and saw defendant A. The decedent complained of difficulties in breathing, back pain and also reported a history of pneumonia. He had no cardiac risk factors. He was diagnosed with bronchitis and started on antibiotics. On Dec. 29, 1999, he returned to the ER and saw the defendant B. He had complaints of shortness of breath and back pain. On examination, he had decreased breath sounds, rales, a cough and tenderness over left posterior paraspinal muscles and ribs. He was given Toradol IV which greatly reduced his pain. His chest x-ray was normal. He was started on antibiotics and pain medication. The diagnosis was pneumonia and pleuritic chest pain. He was told to return if the problems persisted and to see his family physician. His problems improved over the next week and then he experienced shortness of breath and fatigue. On Feb. 27, 2000, the decedent awoke from bed with severe chest and back pain. He was unable to breathe. Paramedics were called but they were unable to save him. The pathologist listed dilated cardiomyopathy (enlarged heart) as the cause of death.
Settlement Discussions
There were no firm demands.
Specials in Evidence
$202,000 $1,390,000
Damages
Death of a husband and father of two daughters under the age of six. Loss of consortium, loss of earnings and loss of household services valued at $243,000. Funeral expenses of $1,370.
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