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
Defendant
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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