Confidential
Settlement – $180,000Facts
On Nov. 7, 1994, the plaintiff wife, a 32-year-old part-time child developmental worker, took her husband, a 36-year-old disabled former asbestos worker, to the defendant hospital's emergency room after he complained of shortnesss of breath and chest pains during an exercise session. The triage nurse treated the plaintiff husband for hyperventilation. The plaintiff husband was left in the waiting room for more than an hour without seeing a physician and suffered a myocardial infarction (heart attack) while waiting. The wife was with her husband throughout the waiting period and the heart attack. The husband was hospitalized and underwent angioplasty. The plaintiffs, husband and wife, brought this action against the hospital based on negligence, medical malpractice, infliction of emotional distress and loss of consortium theories of recovery.
Settlement Discussions
There were no settlement discussions prior to settlement at the mediation.
Specials in Evidence
$65,000 (both plaintiffs) $500,000 (disputed)
Injuries
The plaintiff husband alleged he sustained permanent coronary damage, resulting in reduced life expectancy and emotional distress. The plaintiff wife alleged loss of consortium and post traumatic stress disorder. The plaintiff wife received psychotherapy and treatment for somatic complaints. Both parties attended marriage counseling.
Other Information
The settlement was reached approximately 11 months after the case was filed. MEDIATION: A mediation was held on Oct. 3, 1996 before David Bills resulting in the reported settlement. Both Medi-Cal and Medi-Care had lien claims.
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