Confidential
Settlement – $107,000Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Joseph C. Owens
(Lewis Brisbois Bisgaard & Smith LLP)
Marshall Silberberg
(Law Office of Marshall Silberberg)
John C. Kelly
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Steven Waldman
(medical)
Facts
On Sept. 13, 1993, the decedent, a 48-year-old female with a medical history of pulmonary disease, including prior heart attack, severe osteoporosis, asthma, hypertension, obesity and diabetes, was admitted to the defendant hospital where the defendant physician implanted an intrathecal pump device to reduce pain by administration of morphine. The device was manufactured by the defendant manufacturer. The device was implanted and the decedent's pain decreased. On Jan. 5, 1995, she underwent a procedure to untangle the catheter of the device. On April 5, 1995, the decedent presented to the defendant physician at the defendant hospital complaining of severe pain symptoms. The defendant physician discovered the pump device was not dispensing medication. The following day, the decedent was scheduled for a procedure by which a contrast dye was injected into the pump in order to trace the pumping fluid through the pump and catheter. The procedure under fluoroscope was completed at approximately 12:30 p.m. The decedent was sent home following the procedure and shortly thereafter called the defendant physician at the defendant hospital to complain of post-procedure problems, including shortness of breath and severe itching. No one responded to the decedent's call for help and the decedent died at approximately 5:15 p.m. The plaintiffs, the decedent's husband and adult children, brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
There were no firm offers and demands exchanged prior to mediation.
Specials in Evidence
$__________ $__________ $__________ $__________
Injuries
Death of wife/mother.
Other Information
The settlement was reached approximately one year after the case was filed. MEDIATION: A mediation was held on Oct. 2, 1996 before Judge Bach, retired, resulting in the reported settlement.
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