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CONFIDENTIAL

Mar. 30, 2002

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $725,000

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Douglas D. Shaffer
(Dordick Law Corporation)


Defendant

Ted H. O'Leary


Experts

Plaintiff

Daniel Luthringer
(medical)

Robert T. Goldweber M.D.
(medical)

Harold S. Marcus
(medical)

Joyce Elaine Pickersgill
(technical)

Defendant

Theodore Vavoulis
(technical)

Ara Tilkian
(medical)

john levin
(medical)

Facts

On Feb. 15, 2000, the decedent, while working at his employerÆs film studio as a carpenter, began to experience
chest pains. He was examined by a nurse at the studio and his blood pressure was found to be within a normal
range and his vital signs were normal, i.e. no sweating, change of color etc. He was advised to see his own
doctor and he immediately proceeded to an urgent care facility near his home in Santa Clarita where he was
examined.
An EKG was administered and read as normal. Upon an examination by the attendant physician, the plaintiff
was found to have a muscular pain which was reproducible upon palpitation just under his arm pit. He was
diagnosed with a muscle strain, and was prescribed anti-inflammatory and sent home. The plaintiff saw his
chiropractor later that afternoon, returned home and went to bed.
At approximately 3 a.m. the next morning, the plaintiff awoke with severe chest pain and
died of cardiac arrest.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 Demand of $650,000 which expired on April 21, 2001. No consent until two days before trial. Two days before trial settlement discussions began which led to the settlement in the amount of $725,000. The case was settled via a mediation before retired judge Thomas Schneider.

Specials in Evidence

$900,000 (past and future)

Injuries

The loss of a 49-year-old husband and father.


#90597

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