Doe Heirs v. Roe Hospital
Published: Jul. 30, 2021 | Result Date: May 19, 2021 | Filing Date: Jan. 15, 2021 |Settlement – $175,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Benjamin T. Ikuta
(Ikuta Hemesath LLP)
Defendant
Brenda M. Ligorsky
(Carroll, Kelly, Trotter & Franzen)
Facts
Decedent John Doe was 73 years old who was recently diagnosed with intracranial aneurysms. He underwent a stent placement on Oct. 10, 2019 for the aneurysms.
However, air was found in the flush line following the procedure and the patient suffered from an air embolism in his brain. He was transferred to a hospital with a higher level of care the following day. Due to the embolism, an electroencephalogram revealed severe brain damage. Decedent passed away on Oct. 21, 2019.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs claimed that it was below the standard of care for nurses to not adequately monitor the saline flush bag and allow air to enter the line, causing the fatal embolism.
DEFENDANT'S CONTENTIONS: Roe Hospital contends that the flush bag drained too quickly, which was in the control solely of the interventional radiologist and not the staff.
Damages
Decedent was survived by his wife and adult daughter, though he also had two step-children that he was extremely close to. Damages were largely limited by the 46- year old $250,000 cap pursuant to MICRA.
Result
The case settled for $175,000.
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