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CONFIDENTIAL

Sep. 21, 2003

Personal Injury
Medical Malpractice
Negligence

Confidential

Settlement –  $225,000

Court

Confidential


Attorneys

Plaintiff

Daniel M. Hodes
(Hodes Milman LLP)


Defendant

Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)


Facts

The patient, age 62, had been treating with the respondent for more than 20 years. He had a series of EKGs done throughout the years, all of which were suggestive (but not diagnostic) of an old anterior wall infarct. The patient had hypertension (not well controlled by medication), hyperlipidemia (controlled reasonably well by medication) and was marginally obese. His twin brother had been diagnosed with congestive heart failure. The patient had no symptoms at all of chest pain. He had been seeing a number of physicians at the respondent clinic through the years. The patient died on Oct. 2, 2002 from a massive myocardial infarction.

Settlement Discussions

The parties settled for $225,000.

Damages

The claimants sought non-economic damages as well as economic damages for loss of Social Security Benefits and pension. Net of consumption and Social Security offset was approximately $100,000 in economic damages.


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