Facts

Zachary Peterson, an incompetent adult, through his guardian ad litem, Lisa Peterson, filed an arbitration claim against Dual Diagnosis Treatment Center Inc., Sovereign Health of California, and Dr. Larry Snyder, M.D., in relation to claimant's medical care provided by respondents.

CLAIMANT'S CONTENTIONS: Claimant contended that he suffered a significant brain injury as a result of respondents' negligence in allowing him to take an overdose of Tramadol that caused him to suffer a seizure and fall. Claimant initially sought treatment with respondents in order to be treated for drug addiction, and alleged he was prescribed 60 Tramadol pills by Dr. Snyder after he broke his foot playing basketball. Claimant further contended respondents breached their duty to claimant by failing to pick up and control the Tramadol, instead allowing claimant to control the medication himself. Claimant took 30 Tramadol pills and an additional 30 the next morning. Claimant suffered a seizure and underwent surgery to treat bleeding in his brain and a skull fracture.

RESPONDENTS' CONTENTIONS: Respondents alleged that claimant suffered a spontaneous rupture of an undiagnosed arteriovascular malformation, which caused claimant's fall. Respondents further claimed that they were not negligent in the obtaining or controlling of claimant's Tramadol, and presented testimony that showed the symptoms of an AVM were consistent with claimant's findings and presentation.

Result

The arbitrator awarded claimant nearly $8.88 million, comprised of $5 million in general damages, $2.95 million in future life care expenses, $504,199.03 in past medical expenses, $416,973 in future lost income, and $2,250 in general damages. The arbitrator found respondents were negligent in failing to obtain the Tramadol for claimant, violating the standard of care and its own policies. Further, the arbitrator found claimant was comparatively negligent in taking the Tramadol, and it was more likely than not that the seizure was a result of Tramadol ingestion rather than a spontaneous rupture of a previously undiagnosed AVM.