Nancy Harris, Janice Glass v. Donald Bernstein, M.D., et al.
Published: Jul. 20, 1996 | Result Date: May 14, 1996 | Filing Date: Jan. 1, 1900 |Case number: 684843 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Marilyn R. Moriarty
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
William D. Mazzei
(medical)
Danny Keiller
(medical)
Colin M. Bloor
(medical)
Karen Guthrie
(medical)
Defendant
Robert Kessler M.D.
(medical)
Brian Datnow
(medical)
William Joswig
(medical)
Robert Adams
(medical)
Jonathan L. Benumof M.D.
(medical)
Facts
On Jan. 24, 1994, the decedent, Margaret Kidder, a 71-year-old retired woman, was admitted to defendant Palomar Medical Center under the care of George Riffle, M.D., to undergo a left nephrectomy and ureterectomy for cancer. Defendant Donald Bernstein, M.D., served as the anesthesiologist. The decedent was in the recovery room at 1:21 p.m. with a blood pressure of 92/48. Approximately one hour later, her systolic pressure dropped below 90, and remained in the 80s up until 3:49 p.m., at which time she complained of difficulty breathing and thereafter went into a full cardiopulmonary arrest from which she could not be resuscitated. She was pronounced dead at 4:38 p.m.. The plaintiffs, the decedent's daugthers, brought this action against the defendants, Dr. Bernstein and Palomar Medical Center, based on wrongful death and medical malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $225,000 as to each plaintiff, reduced to $125,000 for the entire case immediately prior to trial. The defendants made no settlement offers.
Damages
The plaintiffs claimed $250,000 in general damages; $5,000 in economic damages; and $1,650 in burial and funeral expenses.
Injuries
Death of mother.
Other Information
The verdict was reached approximately ____ years and ___ months after the case was filed.
Deliberation
less than 1 hour
Poll
12-0
Length
8 days
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