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Personal Injury
Medical Malpractice
Wrongful Death

Annette Berube v. Huntington Beach Hospital, et al.

Published: Jan. 14, 2003 | Result Date: Oct. 4, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 01CC03114 Verdict –  $0

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

Michael A. Lotta


Defendant

Steven E. Kushner
(Dummit, Buchholz & Trapp)

Michael R. Packer


Experts

Plaintiff

Stewart Finkelstein
(medical)

Carl T. Boylen
(medical)

Defendant

Lorna J. Lord
(medical)

Randolph H. Noble
(medical)

Facts

On Dec. 21, 1999, the plaintiff's daughter, a 41-year-old female with a history of heroin abuse and methadone, was taken by ambulance to the defendant hospital after a drug overdose. She was admitted by the co-defendant Doctor 1, an internal medicine specialist, to the intensive care unit. The effects of the overdose were reversed and she remained under constant monitoring for two additional days. On December 23, she was examined by Doctor 2, a pulmonary disease specialist, and he concluded that the decedent's condition was stable and that she could be discharged. On discharge, he instructed her to telephone that day, or the next, the doctor who was monitoring her methadone. She went home from the hospital and while there overdosed on methadone and other drugs/medications and was taken back to the hospital by ambulance where she was pronounced dead. The autopsy revealed that she died as a result of the combined effects of Methadone, Phenegren, Valium and Benadryl.

Settlement Discussions

The plaintiff submitted a collective demand on all defendants of $250,000; the defendants offered a waiver of costs.

Damages

The plaintiff claimed damages for the wrongful death of her daughter.


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