Anthony Bell, Sr., and Anthony Bell, Jr., (a minor) v. Kaiser Permanente
Published: Jul. 18, 1998 | Result Date: Apr. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: - Arbitration – $1,000,000
Arbitrator
Court
San Francisco Superior
Attorneys
Plaintiff
J. Niley Dorit
(Law Office of J. Niley Dorit)
Respondent
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
Claimant
Carol R. Hyland M.A.
(technical)
Respondent
Mark D. Cohen
(technical)
Facts
In 1995, decedent, a 28-year-old female employed by the State of California, gave birth at the respondent Hospital by cesarian section. The baby and mother were fine and were released. Approximately two weeks after the surgery/birth, the mother returned to the respondent complaining of severe calf pain, with swelling and tenderness in her calf. A deep vein thrombosis was suspected. The patient had an ultrasound on her thigh, not her calf. It was interpreted as negative. There was no diagnosis and the patient was told to rest. There was no follow-up plan. Two days later, the patient returned with persisting complaints of calf pain and swelling. She was diagnosed with muscular sprain and advised to take Motrin. There was no follow-up plan. Two days later, the patient returned to the respondent and saw another physician. The patient continued to complain of persisting calf pain and reported it had lasted over six days. The patient denied trauma or sprain to the leg. She was diagnosed with tendonitis of the calf and sent home again. There was no follow-up plan. Six days later, the patient collapsed at home while preparing to breast feed her newborn son. She was taken to respondent Kaiser and pronounced dead. The patient died of a pulmonary embolus and autopsy revealed numerous blood clots in the affected calf which had been the subject of the patient's complaints over the preceding visits. The claimant's surviving husband and son sued for wrongful death and negligent infliction of emotional distress.
Settlement Discussions
The claimant made a C.C.P. º998 settlement demand for $1 million. The respondent made an offer of $250,000. That offer was rejected. The respondent gave an indication of having $500,000 in authority. The claimants made a final demand of $800,000 which respondent rejected, and the demand was withdrawn.
Specials in Evidence
$1.1 million to $1.2 million
Injuries
Death of 28-year-old mother and wife.
Other Information
The award was reached approximately one year and 10 months after the claim was prosecuted. A binding arbitration was held on April 8, 1998, before Tim Hamilton, Esq. (claimants' party arbitrator), Hon. Noel Watkins, Ret. (neutral arbitrator) and William Judge, Esq. (respondent arbitrator), resulting in the reported award. Three weeks before the arbitration, the Kaiser stipulated to liability and causation. The case was then tried on the issue of damages only.
Length
3 days
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