Francis M. McCarthy, et al. v. Ronald Bitter, M.D., et al.
Published: Jun. 29, 1996 | Result Date: May 31, 1996 | Filing Date: Jan. 1, 1900 |Case number: NC033541 – $350,000
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Robert B. Packer
(Packer, O'Leary & Corson APLC)
John Aitelli
(Packer, O'Leary & Corson)
Defendant
Experts
Plaintiff
William O'Riordan
(medical)
Robert M. Kahn
(medical)
Defendant
Robert P. Uller
(medical)
Facts
In 1983, the decedent, Virginia M. McCarthy, a 58-year-old secretary, suffered a brain aneurysm. She subsequently underwent surgery to clip the aneurysm. Thereafter, for approximately 6+ years, the decedent remained symptom free. However, in or about November of 1989, she began to experience intermittent headaches. On or about February 1, 1990, the decedent experienced a severe headache, accompanied by neck pain, nausea and probable neurologic impairment. She called her internist, defendant Ronald Bitter, M.D., and informed his triage nurse that she may have had a small stroke. The decedent was given an appointment to come in at 3 p.m. (Defendant Dr. Bitter never spoke with the decedent.) Later that morning, the decedent's daughter called defendant Dr. Bitter's office stating that her mother was very ill and could not wait until 3 p.m. to be seen. This time, defendant Dr. Bitter's nurse said they would try to squeeze the decedent in over the lunch hour. The decedent's condition appeared serious so her daughter took her to the emergency room at defendant Long Beach Memorial Medical Center where she was examined by a resident, given a CT scan, which was read as negative for a bleed, and was informed that she simply had a tension headache. She was then discharged. Approximately ten weeks later, the decedent suffered a major aneurysm bleed and died. The plaintiffs, the decedent's husband and children, brought this action against the defendants, the hospital and the doctor, based on medical negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $100,000. The defendant medical center made an offer for $15,000 (withdrawn before trial). Defendant Dr. Bitter made no settlement offers.
Damages
The plaintiffs claimed $___________ in damages.
Injuries
Death of wife and mother.
Other Information
The verdict was reached approximately five years and one month after the case was filed.
Deliberation
2 days
Poll
10-2 (liability - Long Beach Memorial Medical Center), 9-3 (causation - Long Beach Memorial Medical Center), 12-0 (liability - Ronald Bitter), 9-3 (causation - Ronald Bitter)
Length
14 days
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