Facts

The patient, a 69-year-old retired Navy Lieutenant Commander was diagnosed with hepatocellular carcinoma. In December 2004, he underwent an exploratory laparotomy with radio-frequency ablation of the liver lesions. At that time, he was evaluated at UC Irvine Medical Center for liver transplantation.

On Jan. 20, 2005, the patient, along with his wife and two of his three children attended a liver transplantation orientation meeting at UCI. The transplant administrator specifically allowed the family to tape record the meeting because one of the siblings could not attend. During that meeting, the transplant coordinator specifically stated that UCI had two transplant surgeons. In reliance of these representations, the patient and his family continued the liver transplantation work up at UCI.

On July 20, 2005, the patient was listed by UNOS for a liver transplant.

Thereafter the patient was offered several livers, all of which were declined by UCI. One of those offers was on Oct. 23, 2005. The patient's match-run sequence number was three. The OPO was One Legacy. The liver came from Los Angeles County/USC Medical Center. The UNOS records indicate that the liver was refused by UCI because "surgeon unavailable." In fact, both of the transplant surgeons were working at UCSD Medical Center that day.

On Nov. 10, 2005, the UC Irvine Liver Transplant Program was closed. The patient's family arranged for his transfer to UCSD Medical Center. The patient's condition deteriorated, however, and life support was withdrawn on Dec. 10, 2005.

PLAINTIFF'S CONTENTIONS:
The plaintiffs, who were the three surviving adult children of the decedent alleged fraud, misrepresentation, and concealment on the part of the UCI administration. The representations at the Jan. 20, 2005 transplantation orientation meeting relative to the availability of two full time transplant surgeons was knowingly false.

The plaintiffs contended that the CEO of UCI Medical Center and the Dean of the medical school misrepresented in a meeting with UNOS in July 2004, that two transplant surgeons had agreed to take over and run the UCI Liver Transplant Program. It was based on those representations that UNOS declined to act on its recommendation to de-certify the program since it had failed over the previous three years to meet minimal State and Federal criteria for the volume of transplants.

DEFENDANT'S CONTENTIONS:
The defendants contended that there were medically sound reasons for refusing the livers in question. The liver that was refused on Oct. 22, 2005 because of the unavailability of surgeons would not have been transplanted to decedent in any event since there was another patient ahead of him at UCI that would have received that liver.

Injuries

Death of father of three adult financially emancipated children.

Result

The case settled for $1 million at mediation with Jay C. Horton, Esq., of Judicate West.