Facts

Michael Schultz, Tiffany Dozier, and Kim Bogdan sued Jorge Martinez M.D., Brent Jacobsen D.O., Universal Heath Systems of Rancho Springs Inc., doing business as Inland Valley Medical Center, Weng-Lih Wang M.D., and Renal Treatment Centers – California Inc.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Madelyn Schultz was taken to the Inland Valley Medical Center after ingesting around 100 aspirin pills. Plaintiffs further alleged that the hospital staff was told by the Poison Control Center that if Madelyn's salicylate level should rise to a critical level that dialysis should be performed. Plaintiffs argued that after Madelyn's salicylate level rose to a critical level, Renal Treatment Centers committed medical malpractice because its staff unreasonably delayed in treating Madelyn after STAT dialysis was ordered, thereby causing her death.

DEFENDANT'S CONTENTIONS:
Renal Treatment Centers argued that it arrived to perform the dialysis within a reasonable time and that even if it arrived earlier the outcome would not have been different.

Settlement Discussions

Plaintiffs made a pre-trial settlement demand of $250,000, while defendants offered a waiver of costs.

Result

After a jury trial against Renal Treatment Centers, the jury found Renal Treatment Centers 70 percent at fault and Madelyn 30 percent at fault. The jury awarded damages to $3,169,779.75 and after deducting amounts for comparative fault plaintiffs were awarded a total of $2,218,845.82.

Other Information

The judge ruled that comparative negligence did not apply and therefore there would be no reduction for comparative. On a post trial motion, the judge refused to apply MICRA because the defendant could not show they were a licensed healthcare provider, accordingly the entire verdict was entered as a judgment. Plaintiffs also beat their CCP section 998 from March of 2012, and as a result interest is $810,000 currently. FILING DATE: June 13, 2011.

Poll

9-3 (liability), 12-0 (damages)