Confidential
Settlement – $300,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Nancy E. Zeltzer
(ADR Services Inc.)
Experts
Plaintiff
Joel Erickson
(medical)
James E. Pierog
(medical)
Defendant
Jay N. Schapira M.D.
(medical)
Daniel Abbott
(medical)
Facts
On June 30, 1992, the decedent, a 65-year-old retiree, awoke with chest pain, shortness of breath and bilateral radiculopathy in his upper arms. He made an appointment with the defendant clinic. Upon evaluation by the defendant doctor, the decedent was diagnosed as having musculoskeletal pain or pericarditis. The decedent was released and later died at home of a myocardial infarction. No autopsy was performed. The plantiffs, the decedent's wife and two adult children, brought this wrongful death action against the clinic and doctor based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand of $150,000. The defendants made a settlement offer of $125,000.
Damages
The plaintiffs claimed $50,000 for loss of pension (present value) and $250,000 for noneconomic damages (per MICRA).
Injuries
Death of husband/father.
Other Information
The award was rendered three years and five months after the case was filed. The arbitration was held before Judge John Flynn, retired, of JAMS/Endispute and party arbitrators, resulting in the reported award.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390