This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Feb. 20, 1999

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $200,000

Court

Orange Superior


Attorneys

Plaintiff

Christopher J. Day


Defendant

Mark L. Brandon

John R. DiCaro

Stephen H. Zell


Experts

Plaintiff

Michael E. Fishbein
(medical)

Robert L. Shuman M.D.
(medical)

Defendant

Barbara Garabedian
(medical)

Cary P. Mack
(technical)

William Thibault
(medical)

William Ostermiller
(medical)

Donald Rediker
(medical)

Glenn Billman
(medical)

Facts

On March 31, 1997, the patient, age 71, went to defendant medical center to undergo an angiogram. The angiogram revealed blockage of the prior grafts and patient was admitted to the hospital for repeat CABG. On April 1, 1997, defendant Dr. Roe No. 1 performed a repeat bypass on the patient. Approximately one to two hours after the surgery, while patient was in ICU, he began to bleed excessively and his blood pressure was low. Thereafter, the bleeding gradually slowed down. He was not returned to the operating room. The next day, the patient was in high spirits and was recovering very well. He was eating and doing his breathing exercises. His blood pressure was fine without requiring any medication to stabilize it. On April 3, 1997, defendant Dr. Roe No. 2 removed the drainage tube from the patient's chest. Immediately upon its removal, the patient felt dizzy and passed out. The doctor gave the patient intravenous medication and he came to, only to pass out again. His blood pressure was very low and they ultimately took the patient back into surgery. Upon opening his chest cavity, they found a pool of blood. The family was told by the Coroner's office that one of the three grafts had came loose. Defendant Dr. Roe No. 2 claimed "there was too much blood (for him) to determine where the bleeding came from." The plaintiffs, the decedent's wife and adult children, brought this action against the defendants based on medical negligence.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $_____________. The defendants made a C.C.P. º998 offer of compromise for $_________________ .

Injuries

Wrongful death of husband and father.

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) resulting in ____________ . ________________ Any interesting expert testimony?


#94046

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390