Confidential
Settlement – $150,000Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Raymond R. Moore
(Moore McLennan)
Richard J. Ryan
(R.J. Ryan Law APC)
Facts
On Saturday, May 10, 1997, the plaintiffs' decedent, a 72-year-old retired man, presented to the emergency room at the defendant medical center with complaints of abdominal bloating, pain, burping and constipation with a history of recurrence over the past months. The emergency room doctors were informed that the decedent had a history of liver disease secondary to Hepatitis C, and had been going to another hospital for tests. The emergency room staff gave the decedent abdominal X-rays and blood tests, but were unable to determine the cause of the symptoms. They recommended he see his family doctor on Monday. On May 12, the decedent learned his family doctor was out of town. His office referred the defendant treating doctor. The decedent presented to the defendant treating doctor and told him he had cirrhosis of the liver secondary to Hepatitis C and a one-month history of bloated stomach. The defendant treating doctor obtained the results of Saturday's blood tests. Although the decedent's family requested that the decedent be admitted to the hospital, the treating doctor advised the decedent that he should have more blood tests at the defendant medical center and to schedule a barium enema. The blood tests were ordered "stat." The report of the Monday blood tests were sent to the treating doctor's office the next day, over 15 hours after they were ordered. The results indicated an increased white blood cell count and decreased liver and kidney functions. The treating doctor did not read the results until the decedent returned to his office on May 16. On May 16, two days after having the barium enema, the decedent returned to the treating doctor's office. After examining him and reviewing the blood test results, the treating doctor sent the decedent to the medical center for immediate admission, as his blood pressure was seriously low. At 12:15 p.m., the decedent and his family arrived at the medical center. At 12:40 p.m., the decedent was taken to a patient room and eventually seen by the nursing staff. He remained unattended. Although his condition was unstable and his blood pressure was 80/40 (severely hypotensive), the defendant medical center failed to start an IV, because the treating doctor had not ordered one. At 1:50 p.m., the treating doctor ordered an IV, but hospital personnel were unable to start one until 4:20, despite several attempts. At 7:00 p.m., at the family's demand, the decedent was transferred to USC University Hospital, where he had had liver tests done. Treatment was immediately begun, but was unable to prevent the decedent's death on May 24, 1997. The decedent's wife and adult sons brought this action against the treating doctor, the medical center based on professional negligence.
Settlement Discussions
The plaintiffs made a settlement demand for $199,000. The defendants made a settlement offer of $99,000.
Specials in Evidence
$400 per month (social security)
Damages
The plaintiffs claimed over $16,129 in economic damages, including funeral expenses, household repairs and loss of social security income.
Injuries
The plaintiffs claimed loss of a ___ -year-old brother/son, husband and father.
Other Information
The settlement was reached approximately 13 months after the case was filed.
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