Confidential
Settlement – $1,650,000Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Craig S. Dummit
(Dummit, Buchholz & Trapp)
Janet E. Trapp
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Tamorah Hunt
(technical)
Maureen D. Miner
(medical)
Anthony Reid
(medical)
Kathleen McCann
(medical)
Arnold Y. Sin
(medical)
Samuel M. Sobol
(medical)
Defendant
Charles Pollick
(medical)
Don Hernandez
(medical)
Michael A. Wienir M.D.
(medical)
Kathy Jermain
(medical)
Facts
On June 1, 1999, the 39-year-old plaintiff, was driving a taxicab in Los Angeles. He had recently immigrated to
the USA from Armenia with his wife and two teenage daughters. The plaintiff had a mechanical engineering
degree from Armenian University but had poor English language skills. At approximately 8:30 p.m. the
plaintiff approached a fellow-cab driver-acquaintance (from Iran) to whom he complained of chest pain,
sweating, nausea and vomiting. The friend convinced the plaintiff to see a physician and he escorted him to the
defendant clinic which was within walking distance.
The plaintiff contended that upon arrival at the clinic, the plaintiff and his friend were met
by the clinic R.N. The plaintiffÆs friend advised the R.N. that the plaintiff was suffering from chest
pain. The plaintiff was told to take a seat. Thirty to forty five minutes later, the plaintiff went into
ventricular fibrillation, resuscitation was delayed and was, in any event, ineffective. The plaintiff
suffered anoxic encephalopathy and is in a constant vegetative state requiring custodial care.
Settlement Discussions
The case was settled for $1,650,000.
Injuries
Anoxic-encephalopathy, brain damage. The plaintiff is in a persistent vegetative state. The plaintiffÆs expert estimated a 20-year life expectancy; the defendantÆs expert suggested 3-5 years life expectancy.
Other Information
According to the plaintiff: No treatment records "could be found" regarding plaintiffÆs arrest at the clinic. Both the clinic M.D., and the clinic R.N. testified they prepared treatment notes regarding plaintiffÆs resuscitation at the clinic. The plaintiff was transferred 911/paramedics to hospital that night. Clinic/hospital were owned by same entity. No clinic records in plaintiffÆs hospital chart although custom and practice was to send copies of clinic records with patient to hospital. Early in discovery, defense counsel claimed physician-patient privilege as to identity of all individuals in clinic waiting room at time of plaintiffÆs arrival to time of plaintiffÆs arrest. Letter agreement required defense counsel to immediately notify plaintiffÆs counsel if any attempt made to contact witnesses in waiting room. Security videotape of clinic lobby no longer in existence. Customarily security videotape were re-used after a 14-day hold. On afternoon preceding last day of testimony, defense counsel made ex-parte motion to permit the calling of "witness X." Witness X was a patient in the waiting room, who defense counsel represented to the court was a witness who would establish plaintiffÆs arrival at the clinic within three minutes of his acute arrest. The plaintiffÆs arrival time at the clinic and subsequent waiting time was established by plaintiffÆs companion. The plaintiff never signed-in or registered with the clerk at the clinic because they were told by the nurse to "take a seat and wait." The clinic RN denied ever talking to plaintiff or his companion until shortly prior to the acute arrest. Over objection, judge Matusinka stated that she would allow the defense to call witness X. On the next morning, plaintiffs renewed their objections to the calling of witness X, which objections were overruled. The judge did not grant plaintiffÆs request to be permitted 15 minutes alone with witness X. Defense counsel voiced interest in discussing minimal costs of litigation settlement at this time. The plaintiffÆs counsel talked with witness X who claimed he had been contacted by investigators for the defense two weeks prior to trial. During interview with plaintiffÆs counsel, witness X stated that he did not know when plaintiff and plaintiffÆs companion arrived at the clinic. The judge was advised that plaintiffs were withdrawing their objection to the calling of witness X and the court ordered the defense counsel to call witness X. The case settled later that day after jury was instructed, but prior to closing arguments.
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