Kole Hildebrand v. Karen Donaldson, M.D.; Desert Hospital, et al.
Published: May 9, 1998 | Result Date: Jan. 21, 1998 | Filing Date: Jan. 1, 1900 |Case number: R090001 Verdict – $4,000,000
Judge
Court
Riverside Superior Indio
Attorneys
Plaintiff
Kevin F. Quinn
(Thorsnes, Bartolotta & McGuire)
Leo R. Bartolotta
(Geary, Shea, O'Donnell, Grattan & Mitchell)
Defendant
H. Gilbert Jones
(Lewis Brisbois Bisgaard & Smith LLP)
Experts
Plaintiff
Sharon K. Kawai M.D.
(medical)
Paul Schultz
(medical)
Roberta J. Spoon
(technical)
Doreen Casuto RN, MRA, CRRN, CCM
(medical)
Irvin Kaufman
(medical)
Cheryl Runyan
(medical)
Joel Ward
(medical)
Defendant
Glenn W. Fowler
(medical)
John H. Samson
(medical)
William F. Kneeland
(medical)
Facts
On Oct. 2, 1995, the plaintiff, 7-months old, was brought by his mother to defendant Dr. Karen Donaldson due to an elevated temperature, irritability and failure to eat. Defendant Donaldson, believing the symptoms to be due to a viral illness, prescribed Ibuprofen and sent the plaintiff home. Over the next four days, the plaintiff allegedly continued to spike high fevers, and his temperature never fell below 101 degrees. On Oct. 6, 1995, the plaintiff's mother called Donaldson's office, was referred to a covering physician and reported that the plaintiff had now developed a cough in addition to fevers of 105 degrees. When he saw the plaintiff, the covering physician determined that the latter's temperature was normal, diagnosed laryngotracheobronchitis (croup) and prescribed Prelone, a steroid. However, the plaintiff continued to experience fevers. On Oct. 10, 1995, the plaintiff was again seen by defendant Donaldson, who prescribed continued symptomatic treatment. Between Oct. 10 and Oct. 16, 1995, the plaintiff was administered both Ibuprofen and Prelone, but his condition worsened. On Oct. 16, 1995, the plaintiff's mother took him to defendant Donaldson's office without an appointment. The plaintiff waited approximately one hour until the doctor arrived, during which time the plaintiff vomitted in the presence of the doctor's staff. Donaldson diagnosed otitis media and prescribed oral antibiotics. By that night, the plaintiff was difficult to arouse and his eyes deviated to the top of his head. In response to a telephone call to Donaldson's office, the plaintiff's parents were told that defendant settled doctor was on call for Donaldson. The defendant settled doctor advised the plaintiff's parents to bring the plaintiff to defendant Desert Hospital's emergency room. The plaintiff waited approximately one hour before being taken to an examining room where another physician performed a lumbar puncture, suspicious for meningitis. The plaintiff then experienced seizures. The defendant settled doctor arrived at approximately 11 p.m. and assumed the care of the plaintiff, admitting him to a pediatric floor. For the next 10 hours, the plaintiff claimed that he continued to have uninterrupted seizure activity (disputed by defendants). Unable to control the seizures, on Oct. 17, 1995, at approximately 7:30 a.m., defendant settled doctor requested that the plaintiff be life-flighted to the pediatric intensive care unit of another hospital. At the new hospital, the plaintiff was administered medication that eventually controlled his seizures. He remained hospitalized for the next three weeks, and was discharged with a diagnosis of acquired cerebral palsy. For the two years preceding trial, the plaintiff was hospitalized on several occasions for the placement and revision of cranial shunts, designed to reduce the fluid pressure and swelling on his brain. He will continue to be severely physically and mentally retarded. The plaintiff brought this action against the defendants based on medical negligence and malpractice theories of recovery. The settled doctor paid $600,000 before trial.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1 million to defendant Donaldson and $2 million to defendant hospital. The defendants made no settlement offers.
Specials in Evidence
$254,352 $414,325 (present value) $7,606,789 (present value). Per defendant, $8.25 million to $10.6 million depending on nature of care
Injuries
The plaintiff suffered developmental palsy, constant seizure disorder, ataxic cerebral palsy, and cortical blindness, with a normal life expectancy.
Other Information
The verdict was reached approximately _____ years and _____ months after the case was filed. A settlement conference/ arbitration/ mediation was held on ____/____/19_____ before _______________ (name) of ______________ (affiliation) resulting in _________.
Deliberation
3½ days
Poll
11-1
Length
21 days
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