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CONFIDENTIAL

May 31, 1997

Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to Diagnose

Confidential

Settlement –  $175,000

Judge

Scott Slater Markus

Court

Ventura Superior


Attorneys

Plaintiff

Kevin T. McIvers


Defendant

William M. White
(White & Canepa LLP)


Experts

Plaintiff

Fred Walker
(medical)

Michael J. Blumenkrantz
(medical)

Doug Homze
(technical)

Randall C. Baselt
(medical)

Defendant

Melvin Krause
(medical)

David Lyons
(medical)

Facts

On April 10, 1995, the decedent, a 28-year-old student, was examined by the defendant doctor at 10 a.m., complaining of nausea, diarrhea and dehydration. The decedent had a history of digestive distress secondary to anxiety, leading to prior hospitalizations for dehydration. The defendant doctor assumed that the decedent was suffering from a similar event, but failed to get an accurate temperature reading and allegedly failed to realize the significance of blood count findings in the "panic value" range. At 12 a.m., on April 11, 1995, the decedent died. The plaintiffs, the decedent's parents, brought this action against the defendant based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made no settlement offers.

Specials in Evidence

$__________ $_____________ $___________ $________

Injuries

Death of a 28-year-old son due to sepsis infection and kidney failure.

Other Information

The settlement was reached approximately nine months after the case was filed. A mediation was held on May 1, 1997, before Scott Slater Marcus, resulting in the reported settlement.


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