Confidential
Settlement – $1,500,000Judge
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Jesse M. Rivera
(Rivera, Hewitt & Paul LLP)
Gregory M. Fox
(Bertrand, Fox, Elliot, Osman & Wenzel APC)
Experts
Plaintiff
Lucien L. Trigiano
(medical)
Cassandra Newkirk
(medical)
Edward Kaufman
(medical)
Carol R. Hyland M.A.
(technical)
Dale D. Pletcher
(technical)
Facts
In 1989, the plaintiff, a 21-year-old prison inmate, was incarcerated following a conviction for second degree murder in the stabbing of a friend. He was with two others at the time and did not actually wield the knife. In September 1989, the plaintiff swallowed an acid-based cleanser and was hospitalized for a short time. On January 15, 1990, he was assaulted by another inmate and a few fours later overdosed on anti-depressant pills he had hoarded. Unconscious, he was taken to a community hospital where his stomach was pumped. Upon his return to prison, however, typical suicide prevention steps were not taken. Plaintiff was placed in non-suicide proof cell and he was not provided with treatment. Psychiatrist failed to take available steps to prevent suicide. On January 19, 1990, the plaintiff hung himself with a sheet from a vent in the wall. He survived and his condition improved somewhat with quality treatment over the next year and a half, but the doctor who ordered and supervised the treatment departed and beginning in the fall of 1991 the plaintiff's condition severely deteriorated. He was released in a compassionate discharge due to mental and physical deterioration. The plaintiff, through his guardian ad litem, brought this action against the defendants, the prison psychiatrist and medical doctors, based on negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $_____________. The defendants made a settlement offer of $____________ .
Specials in Evidence
$_________ $_______
Damages
The plaintiff claimed $_____________ in damages.
Injuries
The plaintiff alleged that he sustained permanent anoxic brain damage with quadriparesis of all extremities and permanent contractures and pain and suffering as a result of the defendant's conduct.
Other Information
The settlement was reached approximately ___ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19___ before __________ (name) of _____________ (affiliation or court) resulting in ______________ . On April 1, after failing on a motion for summary judgment, the defendants lawyers went into a conference at which U.S. District Judge Lawrence K. Karlton presided and made the offer that was accepted.
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