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CONFIDENTIAL

Feb. 15, 1997

Personal Injury (Non-Vehicular)
Medical Malpractice
Wrongful Death

Confidential

Settlement –  $200,000

Court

Case Not Filed


Attorneys

Plaintiff

John P. Blumberg
(Blumberg Law Corp.)


Defendant

Steven R. Faires


Experts

Plaintiff

William S. Breall
(medical)

Hugh H. West
(medical)

Facts

On Dec. 31, 1994, the decedent, a 63-year-old woman, presented to the emergency room of the defendant hospital with complaints of chest constrictions with intense radiating pain, nausea, shortness of breath and arm numbness for two-and-one-half hours. The nurse, following hospital protocol ordered an EKG. However, no EKG was ever done and the decedent was seen in the emergency room. The decedent was diagnosed with "muscoskeletal pain" of the upper-back and chest wall and discharged with instructions to take Advil. The next day, two days after release from the emergency room, she went to her chiropractor for her musculoskeletal pain. She told the chiropractor that the emergency room doctor had assured her that her pain was not related to her heart. The next day, she suffered an acute myocardial infarct and died. The autopsy showed severe arteriosclerotic cardiovascular disease. The plaintiffs, the decedent's three adult children, brought this action against the defendants based on medical negligence and malpractice theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Injuries

Death of mother.

Other Information

The settlement was reached approximately one year after demand for arbitration.


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