Confidential
Settlement – $361,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Paul J. Pfingst
(Higgs Fletcher & Mack LLP)
Experts
Plaintiff
Richard Fortuna
(medical)
Stewart Bernstein
(medical)
Facts
On April 8, 1992, Plaintiff, a 44-year-old school district assistant superintendent of business services, was driving home and suffered intense chest pain. His symptoms were classic for heart attack: severe chest pain, radiation of pain into his arms, associated dyspnea, and diaphoresis; although Plaintiff had no history of heart problems. Initially he was going to drive to a hospital which was his health care provider; because of the severity of the pain, he decided to get off the freeway at Defendant's hospital and go to its emergency room. He arrived in the emergency room at 8:30 p.m. and was admitted immediately to the chest pain center. There he was treated by Defendant doctor, one of the emergency physicians on duty. An initial EKG was done at 8:39 p.m. The report indicated prominent T-waves in the anterior septal versus the possibility of hyperacute injury of the region. The EKG showed changes in the ST segment elevation at V2, V3, and V4. No TPA was administered, Plaintiff was not catheterized, and no call was made to a cardiologist for an emergent consultation at this time. A second EKG was taken at 9:23 p.m. This showed further changes in the ST segments and the inferior leads. It was alleged that this EKG was diagnostic for an acute myocardial infarction. Defendant did not call for a cardiology consult until 11:00 p.m., 2 1/2 hours after Plaintiff was admitted. This cardiologist immediately diagnosed an acute anteroseptal myocardial infarction. At midnight, approximately 3 1/2 hours after admission, TPA was ordered, but was not then effective. At 2:00 a.m., Plaintiff was taken to the cath lab. An angiogram was performed. The left anterior descending artery was totally occluded. There was a 50% circumferential narrowing noted just proximal to the posterior lateral branch. A 75% circumferential narrowing was noted in the origin of the posterior descending branch of the right coronary artery. An angioplasty was performed. Plaintiff remained in this hospital until April 13, 1992, when he was transferred to his health care provider's hospital. He was treated at the second hospital until his discharge on April 17, 1992.
Settlement Discussions
Plaintiff contends his demand was $600,000 and Defendant made no offer, no consent.
Specials in Evidence
not specified $555,785 (seven years) not specified
Injuries
Severe heart muscle damage; a MUGA scan showed an ejection fraction of 38 (47 or above is normal) representing 50% loss of functioning, resulting in 10-to-15 year loss of life expectancy and a 7-to-10 year loss of work life expectancy.
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