Facts

Claimant Jesus Maldonado brought a medical malpractice claim against defendants, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan and The Permanente Medical Group, which proceeded to binding arbitration.

CLAIMANT'S CONTENTIONS:
Claimant alleged that he visited Kaiser Hospital Walnut Creek concerning an injury to his left wrist and a splint was applied after he was diagnosed with a fracture. Claimant further alleged that he returned to Kaiser Hospital due to continued pain where the splint had been applied and that respondents then improperly gave him an intramuscular injection of Dilaudid into his right buttock. Claimant argued that due to the negligent injection, he went into septic shock and that he tested positive for Group A Beta Hemolytic Streptococcus. Claimant argued that respondents likely administered an injection that was somehow tainted.

RESPONDENTS' CONTENTIONS:
Respondents argued that the nurse who administered the injection into claimant's buttock met the standard of care.

Settlement Discussions

Claimant demanded $194,500 under CCP Section 998.

Injuries

Claimant claimed that respondents' negligent treatment resulted in cellulitis on his right buttock and introduced Group A Beta Hemolytic Streptococcus into his bloodstream. Claimant also contended that the negligent treatment resulted in his septic shock, as well as the development of osteomyelitis in his left wrist fracture. According to defense, claimant's expert testified that the most likely cause of the introduction of bacteria into claimant was either a tainted needle or tainted injectate and not medical error by the nurse.

Result

The arbitrator found that the respondents produced evidence sufficient to rebut the presumption of conditional res ipsa loquitur and therefore the res ipsa loquitur theory no longer applied, but the arbitrator found respondents were negligent and awarded claimant $250,000 in damages.