Facts

On October 5, 2018, 58 years old David Joslyn was admitted to the San Francisco General Hospital Emergency Department. Medical records show that he had been drinking and fell but it was unknown if he lost consciousness when he fell and hit his head. When admitted to the hospital, he had a hematoma on his head and was responding only to painful stimuli. About 30 minutes later, after having been examined and while waiting for a CT scan, a doctor ordered for him to be restrained because he was attempting to hit staff members and showing aggressive behavior, which presented the significant potential of injuring himself or others. He was then placed in soft restraints to all extremities. During that time, Joslyn was noted as being confused and disoriented. The doctor's exam further noted that Joslyn appeared intoxicated but found no signs of respiratory distress. The restraints remained until nearly three hours later after Joslyn's hypoxic (low oxygen) arrest. Code was called and he was resuscitated.

PLAINTIFFS' CONTENTIONS: Plaintiff Joslyn suffered a "hypoxic cardiac arrest" and his worsening respiratory condition had led to his hypoxic arrest going unnoticed because he had been negligently removed from the monitors without physician's order even though there was a clear risk of deterioration. As a result of his hypoxic cardiac arrest, he suffered a catastrophic brain injury. He is permanently disabled and dependent on care for all basic activities of life as a result of his preventable hypoxic cardiac arrest and brain injury. As evidenced by the results of the head CT during which Joslyn suffered his hypoxic cardiac arrest, the injury to his head, for which he initially sought medical attention, was not problematic and would not have caused any impairment or disability. Specifically, plaintiffs Joslyn and his wife, Iris Solano, alleged damages for medical negligence and loss of consortium.

DEFENDANTS' CONTENTIONS: Defendants, including the City and County of San Francisco and others, denied all contentions. They alleged, in part, that any negligence found would be due to plaintiff Joslyn.

Result

The case settled for $3,250,000 to be paid by one defendant.

Other Information

The Regents of The University of California were dismissed for a waiver of costs. The settlement is not yet finalized, pending approval by the court.