Erin Rust, Ashley J. Rust, Dylan William Rust v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, et al.
Published: Nov. 26, 2002 | Result Date: Aug. 29, 2002 | Filing Date: Jan. 1, 1900 |Case number: 2512 Arbitration – $875,000
Court
Case Not Filed
Attorneys
Plaintiff
Jack M. Schuler
(Schuler & Brown)
Defendant
Carmen S. Vigil
(Bonne, Bridges, Mueller, O'Keefe & Nichols)
Facts
The plaintiff presented to the emergency room at the defendant hospital in Panorama City with
an exacerbation of asthma. Within one hour of his arrival at the emergency room, he became
agitated from shortness of breath and hyperventilation so the emergency room medicine
physician administered morphine to calm him. Shortly afterwards, the patient had a respiratory
arrest. After intubation, the patient was well oxygenated, but his CO2 continued to rise. The
internist on call ordered progressive increases in ventilation rate to reduce the CO2. Ultimately,
the patient experienced a cardiac arrest and subsequently died.
Settlement Discussions
The plaintiff demanded $1,250,000. The defendant offered $350,000.
Damages
DEATH OF....PLEASE PROVIDE DETAILS SUCH AS THE RELATIONSHIP OF THE PLAINTIFF TO THE DECEDENT; THE AGE OF THE DECEDENT AND HIS OCCUPATION.
Injuries
The death of a 26-year-old construction worker who was the husband and father of petitioners.
Other Information
<M>An arbitration was held before retired judge George Dell, neutral arbitrator; Richard Reinjohn, petitioner's arbitrator; and Kenneth Zuetel, respondent's arbitrator.</M>
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