Confidential
Published: Sep. 20, 2007 | Result Date: Jan. 30, 2007 |Case number: Confidential Settlement – $1,033,000
Court
Confidential
Attorneys
Plaintiff
Ronald M. Papell
(Law Offices of Ronald M. Papell)
Defendant
David J. O'Keefe
(Bonne Bridges Mueller O'Keefe & Nichols)
Facts
This medical malpractice claim arose from the alleged failure of defendants to examine, diagnose and treat plaintiff's 33-year-old husband, resulting in his death from cryptoccocal meningitis on March 22, 2005.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant infectious disease physician prescribed the wrong medication for the treatment of the cryptoccocal meningitis; discharged the decedent from the hospital prematurely and without performing appropriate tests; readmitted the decedent back into the hospital the following day when he once again failed to prescribe appropriate medication; failed to order consultations with medical experts; failed to perform appropriate testing all of which resulted in the death of the patient on March 22, 2005.
DEFENDANTS' CONTENTIONS:
The defendants denied that the care and treatment rendered to the decedent was below the standard of care and further denied that any treatment or failure to treat caused the death of plaintiff's husband.
Damages
The plaintiff sought damages for loss of love, companionship, care, comfort, assistance, protection, affection, society and moral and financial support of her husband as well as damages for medical expenses and funeral expenses.
Result
In February 2007, the plaintiff settled with defendant neurologist for $29,999.99; and with defendant hospital for $2,999. In August 2007, plaintiff settled with defendant infectious disease physician for his policy limit of $1 million.
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