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Personal Injury
Medical Malpractice
Negligence

Maria Acosta, Robert Acosta v. Kaiser Foundation

Published: Dec. 10, 2002 | Result Date: Apr. 2, 2002 | Filing Date: Jan. 1, 1900 |

Case number: DUM0002498 Arbitration –  $744,945

Court

Case Not Filed


Attorneys

Plaintiff

Michael S. Fields


Defendant

Richard D. Carroll

Judith T. Alvarado


Experts

Plaintiff

John Earle
(medical)

Susan S. Simmons
(technical)

Paul Donzis
(medical)

Defendant

Michael L. Steinberg
(medical)

David S. Boyer
(medical)

Facts

In 1989, the claimant, Maria Acosta, a 38-year-old female leukemia patient, attended the Kaiser Foundation Hospital Radiation Oncology Department to have radiation therapy in preparation for a bone marrow transplantation. As a result of the manner in which the radiation was administered, the plaintiff suffered from bilateral blindness. After a number of years, the claimant became totally blind.

Settlement Discussions

The claimant submitted a demand of $1 million. The defendant declined to tender an offer.

Specials in Evidence

$50,000 (waived) $10,400 (waived) $1,450 per month for the rest of her life.

Injuries

The claimant suffered retinal damage which resulted in total bilateral blindness.

Other Information

The arbitration was held before retired judge Richard W. Luesebrink, neutral arbitrator; Sandra Tyson, claimant's arbitrator and Theodore Hammond, respondent's arbitrator.


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