Confidential
Settlement – $500,000Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Brian L. Hoffman
(Wood, Smith, Henning & Berman)
Experts
Plaintiff
Bertram Rosenthal
(medical)
Marianne Inouye MBA
(technical)
Edward Okil
(technical)
Defendant
Theodore Vavoulis
(technical)
Robert I. Levy
(technical)
Richard A. Johnson
(medical)
Bruce Jackson
(medical)
Phillip Barnett
(medical)
Facts
On Aug. 16, 1996, claimant's decedent, a 48-year-old insulin dependent diabetic, presented to his HMO primary care physician with complaints of a one month history of chest pain at rest which would last up to an hour. He jogged daily and did not develop chest pains with exercise. Because of an abnormal electrocardiogram, he was admitted to the hospital. The next day, a standard treadmill was performed but did not reveal any signs of decreased blood flow to the heart. In addition to the stress test, more sensitive test, a nuclear scan was performed. Without learning the results of the nuclear scan, the HMO physician discharged the decedent. When the decedent was seen for follow-up by his primary care physician three days after discharge, the scan results had not be transcribed, and his physician did not call for the results. Six days after discharge from the hospital, the decedent suffered a cardiac arrest shortly after taking his morning jog. The claimant brought this action against the respondent based on a medical negligence theory of recovery.
Settlement Discussions
Claimant's initial demand was $725,000 and the respondent offered $400,000. The case was finally settled for $500,000 only days before the arbitration was to start.
Damages
The claimant claimed $250,000 in general damages. The claimant claimed damages between $466,000 to $580,000 depending upon the value of the decedent's abilities to market and sell his artwork.
Injuries
Wrongful death of 48-year-old male.
Other Information
The settlement was reached approximately one year and one month after a demand for arbitration was sent. EXPERT TESTIMONY: HMO experts in cardiology stated that the decedent required bypass surgery and his opinion only differed with claimant's expert in that it could be done a week or two after discharge from the hospital. Unfortunately, the decedent did not even live a week after discharge.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390