Confidential
Settlement – $190,000Court
San Bernardino Superior
Attorneys
Plaintiff
Experts
Plaintiff
Roy L. Herndon
(medical)
Thomas W. Broderick
(medical)
Robert L. Shuman M.D.
(medical)
Brian A. Palafox
(medical)
Facts
Decedent was a 77-year-old female who fell at home. When the decedent was examined at defendantÆs ER, she
was mildly hypotensive and markedly anemic, requiring a transfusion of two units of blood. On physical
examination, the ER physician palpated a pulsatile abdominal mass. A large abdominal aortic aneurysm was
visualized on plain film and confirmed by ultrasound as 5.2 cm (approximately) in AP diameter, showing
laminated thrombus.
A CT scan was recommended. Instead, the subsequent CT scan was performed on decedentÆs lumbar spine,
and read to "exclude significant canal compromise," and only the posterior margin of the aneurysm was visible
to the radiologist.
The CT revealed retroperitoneal fluid, which the radiologist presumed was related to trauma, although there
was nothing on the spine films which would account for free fluid in the retroperitoneal space.
The decedent was complaining of severe back pain, which her physician presumed was
trauma-related. The decedent was diagnosed with a vertebrae fracture and discharged to a
nursing facility, whereupon she died approximately 12 hours later from a ruptured aortic
aneurysm.
Settlement Discussions
The plaintiffs demanded $225,000. The defendant offered $160,000.
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