Facts

Plaintiff's husband Mansoor Lahiji died at the age of 73 at Providence Little Company of Mary Medical Center-Torrance. Plaintiff sued defendants Providence and John Flynn RN, alleging medical and nursing malpractice resulting in wrongful death.

PLAINTIFF'S CONTENTIONS: Plaintiff contended the decedent died as a result of bilateral pneumothoraces suffered when John Flynn negligently placed a small bore Dobhoff feeding tube first through decedent's right lung, then removed it, and reinserted it through his left lung.

DEFENDANT'S CONTENTIONS: All defendants denied liability.

Insurer

Self insured

Settlement Discussions

Defendants Providence Little Co of Mary Medical Center-Torrance and John Flynn RN offered $225,000 during trial. Defendant Roman Culjat MD offered $29,999 during trial. Plaintiff served a CCP Section 998 statutory offer to compromise in April 2016 for $199,999 and is now entitled to four years of prejudgment interest.

Injuries

Wrongful death due to medical and nursing malpractice.

Result

The jury delivered a mixed result. It reached a verdict for plaintiff against Providence Little Company of Mary Medical Center-Torrance and John Flynn RN, in the amount of $1,520,645. Out of this sum, $20,645 was in funeral/burial expenses and $1.5 million was in non-economic damages for wrongful death. The damages were reduced by MICRA (Cal. Civil Code Section 3333.2) to $250,000. The jury apportioned 60 percent of fault to Providence and 40 percent to Flynn. However, the jury found that defendant Roman Culjat MD was not negligent and found in his favor.

Other Information

Plaintiff's prior motion to amend the complaint to seek punitive damages was denied.

Deliberation

eight hours

Poll

12-0 (liability), 11-1 (damages); 9-3 (for defendant Roman Culjat M.D.)

Length

10 days