Confidential
Settlement – $350,000Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Experts
Plaintiff
Stephen T. Riley
(technical)
Sanford Hepps
(medical)
Carl Yongstrom
(medical)
Steven L. Giannotta
(medical)
Gerry Aster
(technical)
Defendant
Samuel Eric Wilson
(medical)
Martin D. Levine
(medical)
Theodore Vavoulis
(technical)
Mary Ann Gilchrist
(technical)
Martin Krell
(medical)
Facts
In the spring of 1992, the husband-plaintiff, a 65-year-old retired pipeline engineer, developed episodic amaurosis fugax (i.e., floaters). On July 1, 1992, a cerebral angiogram was performed, revealing a 95% stenosis of the right internal carotid artery. A ten millimeter by eight millimeter middle cerebral artery aneurysm was also noted. On July 10, 1992, the husband-plaintiff underwent a right carotid endarterectomy which was performed by the defendant doctor at the defendant hospital. The husband-plaintiff was discharged on July 13, 1992. He was given clearance by the defendant doctor to travel to Texas on July 22, 1992, to serve as a consultant on a pipeline project. A neurosurgery consult was not obtained at any time. The husband-plaintiff was informed of the presence of the cerebral aneurysm and was instructed to make an appointment with a neurosurgeon. An appointment with his primary doctor was scheduled before the husband-plaintiff left for Texas but canceled. The husband-plaintiff planned to make the neurosurgery appointment when he returned from Texas. On July 28, 1992, the husband-plaintiff's aneurysm ruptured. He underwent emergency surgery in Irving, Texas, and was airlifted to California three weeks later. The husband-plaintiff underwent extensive rehabilitation and eventually moved to Yakima, Washington. He was given a succession of leg braces, one of which was ill-fitted and caused a clot in the left lower extremity. This caused ischemic changes and, eventually, the need for a below-the-knee amputation. The plaintiffs brought the within action based on the defendant's alleged failure to properly manage the dual lesions so as to minimize the risk of aneurysm rupture.
Settlement Discussions
Per the plaintiff, the plaintiff demanded $400,000. The defendants offered $300,000. Per the defendant, the plaintiff initially demanded $1,300,000, which was reduced to $550,000.
Specials in Evidence
(paid by collateral sources) $30,000 $70,000 $100,000 (approximately)
Damages
Loss of consortium.
Injuries
Left hemiparesis requiring physical therapy. The husband-plaintiff's left arm was dysfunctional. His left leg was weak, then ischemic changes occurred which necessitated a below the knee amputation. The wife-plaintiff brought a claim for loss of consortium claim.
Other Information
The settlement was reached approximately two years after the case was filed.
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