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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Treatment

Lionel Jackson v. Richard Sires, M.D.; Daniel Freeman Memorial Hospital

Published: Jan. 3, 1998 | Result Date: Oct. 6, 1997 | Filing Date: Jan. 1, 1900 |

Case number: YC027080 –  $0

Judge

Chris R. Conway

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Leon Jenkins


Defendant

Stephen L. Hewitt
(Hewitt & Raphael)

Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)


Experts

Plaintiff

Robert M. Gromis
(medical)

Defendant

Athleo Cambre Jr.
(medical)

Richard Ruffalo
(medical)

James D. Leo M.D.
(medical)

Facts

Plaintiff Lionel Jackson, a 51-year-old truck driver who had a long history of alcohol and drug abuse, took an overdose of between 20 and 40 Verapamil pills (a timed-release blood pressure medication) in an attempt to commit suicide. On July, 1995, he was rushed to defendant Daniel Freeman Memorial Hospital. Following stabilization in the emergency room, plaintiff was given Calcium Chloride via a peripheral intravenous (IV) line. The medication was intended to counteract the blood pressure lowering effects of the Verapamil that could not be removed from plaintiff's system. He was transferred to Critical Care in the early morning hours on July 12, where he subsequently received two "IVP" pushes of Calcium Glucanate over a one to two minute period through the peripherally placed IV line. During the midday hours of July 12, plaintiff was started on Calcium Epinephrine. This was a highly caustic medication and was given as a drastic measure to increase his blood pressure and his falling heart rate. Late in the evening, the critical care nurses notice redness and swelling in the right arm at the site of the peripheral IV where the Calcium Epinephrine was infusing. The nurses changed the IV line to the left arm and notified the on-call doctor. The plaintiff continued to receive Calcium Epinephrine through a peripheral IV line in his left arm until approximately noon on July 13, at which time redness and swelling appeared again and it was moved to the left hand. Sometime between 5 p.m. and 7 p.m., the Calcium Epinephrine was stopped. The next day, the areas of redness and swelling on plaintiff's forearms had turned into necrotic burns which ultimately required plastic surgery treatment including surgical debridement. The plaintiff brought this action against the hospital and Dr. Richard Sires, based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $180,000 to each defendant. The defendants made no offers.

Specials in Evidence

$20,000 $160,000 $3,000 to $4,000

Damages

The plaintiff claimed specials plus $750,000 in non-economic damages.

Injuries

The plaintiff claimed physical deformity and scarring, consisting of hypertrophic, hyperpigmented areas without keloiding. The plaintiff claimed he suffered from a loss of sensation and reduction of strength in both of his arms. He also claimed his injury embarrassed him, caused him to keep his arms covered at all times, and kept him from engaging in any social activities and interaction with the opposite sex. He was unable to re-enter his former occupation of truck driving. The plaintiff also claimed emotional distress.

Other Information

The verdict was reached approximately ____ years and _____ months after the case was filed. A settlement conference/ arbitration /mediation was held on ____/____/19____ before _____________ (name) of ___________ (affiliation) resulting in ___________ .

Deliberation

2+ hours

Poll

9-3 (as to both defendants)

Length

eight days


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