Facts

Doe Decedent, a 54-year-old single man, entered Roe Hospital on April 18, 2008. He presented himself to the emergency room and underwent an acute abdominal series, including a CT scan.

He was scheduled for emergency surgery due to a diagnosis of a perforated viscus. Pathology revealed the evidence of infiltrating ductile poorly differentiated adnocarcinoma of the stomach. He underwent a second procedure and was doing well.

Preceding May 1, 2008, all medical staff at the hospital successfully administered Dilantin without incident. On May 1, 2008, Roe Nurse, an employee of Roe Staffing Services, was contracted to perform medical care at Roe Hospital.

Roe Nurse gave oral suspension Dilantin through an IV while Doe Plaintiff was present. As a result, Doe Decedent suffered immediate encephalopathy resulting in a coma.

PLAINTIFF'S CONTENTIONS:
Plaintiffs are the surviving brothers and sister of decedent. Plaintiffs contended that Roe Nurse failed to adhere to the physician's orders and administered oral suspension Dilantin through an IV in contravention to good medical practice and beneath the standard of care. As a result, decedent suffered immediate anoxic encephalopathy resulting in his eventual death.

DEFENDANT'S CONTENTIONS:
Roe Defendants contended they met the applicable standard of care. They further contended that based upon decedent's stomach cancer, his life expectancy was less than nine months.

Settlement Discussions

The plaintiffs demanded $264,000.

Damages

Wrongful death of adult survived by adult brothers and sisters. Funeral expenses totaled $14,361.

Injuries

Pursuant to the testimony of Doe Plaintiff, he witnessed the improper administration and appreciated that something was wrong as it was occurring. He witnessed his brother's eyes roll up to the back of his head as medical personnel rushed in for a code blue. He claimed that he suffered from headaches, sought medical attention, and has had recurrent nightmares of holding his brother down by his arm and leg and watching him seize and writhe in uncontrolled agony.

Result

After extensive mediation, the case resolved with Roe Staffing Service and Roe Nurse paying $175,000 and Roe Hospital paying $25,000.

Other Information

This case was mediated before Jay Horton of Judicate West. At the mediation, it was revealed that Roe Staffing Service had failed to list this case on its insurance application and, therefore, the insurance carrier for Roe Staffing Service and nurse contended that the policy was issued without knowledge of said claim, and therefore, there was no coverage.