Confidential
Settlement – $1,005,000Court
Orange Superior
Attorneys
Plaintiff
Peter J. McNulty
(McNulty Law Firm)
Steven L. Saldo
(Saldo Law Group)
Defendant
Susan E. Shube
(Fraser, Watson & Croutch, LLP)
James A. Creason
(Creason, Tucker & Alexander LLP)
Douglas G. Dickson
(La Follette, Johnson, De Haas, Fesler & Ames)
Facts
On Nov. 23, 1993, the plaintiff's decedent, a 44-year-old executive vice-president in charge of investments of Winrich Capital Management, came down will flu-like symptoms. Her son and husband had the same symptoms starting two days before. The decedent's husband contacted defendant doctor No. 1 and requested that he provide an antibiotic for his wife, even though doctor No. 1 had never examined, met or spoken to the decedent. Doctor No. 1 presribed Erythromycin which upset the decedent's stomach. The following day, again without examining, speaking to or meeting the decedent, doctor No. 1 prescribed Keflex. On Nov. 27, 1993, the decedent presented to the emergency room of the defendant hospital with what she believed to be an allergic for observation. Under the care of defendant doctor No. 1, her condition deteriorated and on the following day, Nov. 28, 1993, defendant doctor No. 1 requested a pulmonary consultation by defendant doctor No. 2. Later that day, defendant doctor No. 2 transfered the decedent to the CCU. The decedent's condition continued to deteriorate, with symptoms including metabolic acidosis and hypotension. She also was retaining fluids and had basically no urine output. On the evening on Nov. 28, 1993, defendant doctor No. 2 requested a consultation by defendant doctor No. 3, a cardiologist. Defendant doctor No. 3 was unable to make a definitive diagnosis, changed a few orders and left the decedent. Decedent was not monitored again by a physician until the morning of Nov. 29, 1993, when at approximately 7 a.m., she allegedly suffered a respiratory arrest (per the plaintiff) or respiratory distress (per the defendants). After being resuscitated, defendant doctor No. 4 took over as the primary physician for the decedent. The plaintiff claimed that no physician visited her the remainder of the day. The defendant claimed that although no physician made notations in the hospital patient chart regarding patient care, the plaintiff was seen by infectious disease and gastroenterology consults, and the antibiotic therapy was adjusted. On the morning of Nov. 30, 1993, at approximately 6:30 a.m., the decedent had a cardiac arrest and was pronounced dead by defendant doctor No. 4. The plaintiffs the decedent's husband and 16-year-old son, brought this action against the defendants based on wrongful death and negligent hiring of an independent contractor theories of recovery.
Settlement Discussions
There were numerous settlement discussions.
Specials in Evidence
$2 million (per plaintiff) or $20 million (per defendants)
Damages
The plaintiffs claimed $10,000 in funeral and burial expenses.
Injuries
Death of wife and mother.
Other Information
The settlement was reached approximately two years and three months after the case was filed. A settlement conference was held on Aug. 8, 1996 before Judge Firmat of Orange County Superior Court. It did not resolve the matter.
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