Facts

The decedent, Donte Snow, a 29 year old father of an minor son, and a diabetic, presented himself to the emergency room at a Los Angeles medical campus, complaining of thoracic pain upon deep inspiration ( pleuritic chest pain) and back pain. A chest X-ray was taken, which the radiologist reported as " normal". The emergency room physician ordered 4 mg of morphine for immediate pain and notes the Mr. Snow's white blood cell counsel is above normal limits. The emergency room physician diagnosed mild diabetic ketoacidosis and discharged Mr. Snow, with instructions to follow up with his PCP, regarding the elevated white blood cell count.

Three days later, Mr. Snow presented to his PCP, Dr. Dennis Scott Dasher at Hollywood Health Center, for a follow up visit, complaining of continued back pain. His EKG showed tachycardia. Dr. Dasher did not check Mr. Snow's blood sugar, review the emergency room records, check his white blood cell count, or order any additional tests. Dr. Dasher prescribed Norco pain medication and sent Mr. Snow home.

The following day ( within less than 24 hours of the visit with Dr. Dasher), Mr. Snow was found by his girlfriend unresponsive and cold on a couch in his apartment. Paramedics were called and Mr. Snow was soon pronounced dead.

PLAINTIFF'S CONTENTIONS: At the time of trial Plaintiff contended that the decedent's death was caused primarily by an undiagnosed pneumonia which was present, and should have been detected both by way of radiograph examination and by way of simple physical examination and review of labs, at the time of the Monday Kaiser emergency room visit and at the time of the Thursday visit at Hollywood Health Center. Dr. Dasher in particular failed to conduct a competent physical examination, review prior medical records, check blood sugar, or order tests.

DEFENDANT'S CONTENTIONS: Defendants contended that the pathological evidence taken from the decedent's lung tissue evidenced the decedent's death that was due to an exceptionally virulent aspiration pneumonia that had its onset and fatal consequence all within 24 hours after the visit with Dr. Dasher.

Settlement Discussions

Plaintiff served two CCP Section 998 offers to compromise on Defendant Dr. Dasher: one on July 12, 2017, in the amount of $250,000; and one on Oct. 29, 2019, in the amount of $249,000. Both were rejected.

Injuries

Death of a 26-year-old father of infant. Loss of society, comfort, support to the decedent's surviving child. Funeral expenses.

Result

Jury verdict in favor of Plaintiff and against Defendant Dasher in the total amount of $2,625,872 before mandatory reduction of noneconomic damages pursuant to Cal. Civ. Code section 3333.2(b). Past economic damages: $224,883; Future economic damages: $150,989; Past noneconomic damages: $1 million; Future noneconomic damages: $1,250,000. Total judgment (after Civ. Code section 3333.2 reduction): $855,645 with 10% interest per annum. The Court found Plaintiff's initial 2017 Code Civ. Proc. section 998 offer to Defendant Dasher to have been invalid. The Court found the second 2019 offer to be valid and awarded prejudgment interest therefrom in the amount of $185,190. Costs of suit, including expert witness fees pursuant to Code Civ. Proc. section 998 (reduced and prorated by the Court), were also awarded in the amount of $44,584.

Other Information

Trial proceeded to verdict against Defendant Dr. Dasher after Defendant Hollywood Health Center, Inc. was voluntarily dismissed.