Facts

On Jan. 31, 2007, plaintiff Frank Salcedo sought treatment for abdominal pain at Arrowhead Regional Medical Center, in Colton, and was diagnosed with diabetic ketoacidosis and admitted into the intensive care unit. Subsequently, after two IVs were inserted in Salcedo's arm, James Elia, a first year resident, was paged for placement of a central venous catheter. Elia responded to the page after one hour and 45 minutes and attempted to insert the central line, but was unable to do so. Elia then decided to place the line in Salcedo's internal jugular vein and checked for pulsatility and color of the blood in the line. Elia ordered an x-ray to check the placement, but the radiologist's report showed the central line was likely placed in Salcedo's artery, not his vein. Elia checked again for pulsatility and ordered a blood gas reading. Elia administered Phenergan through the central line and Salcedo immediately had difficulty breathing, followed by a stroke. Salcedo was then intubated. Subsequently, a pressure tranducer indicated the central line had been arterially placed and it was discontinued. An MRI showed Salcedo had sustained serious brain injury.

Salcedo filed suit against the County of San Bernardino and county employees, alleging Elia had engaged in medical malpractice by negligent injection.

PLAINTIFF'S CONTENTIONS:
Salcedo alleged that Elia was negligent in placing the central line in the artery and not redoing the line following the x-ray. Salcedo contended that Elia was negligent in administering a dangerous drug without ensuring the central line was inserted correctly. He further alleged there were no orders from Elia, or medical staff, requesting blood gas, or documenting that blood gas had been drawn to determine where the line was inserted. Salcedo claimed that the Phenergan injection was the cause of his stroke, due to its known dangers and the FDA prohibition of arterial administration.

DEFENDANT'S CONTENTIONS:
Elia stated that a nurse confirmed the blood gas results for the central line's placement, but did not review the lab results personally. The defense denied liability, claiming Salcedo's diabetes caused his stroke, and not the Phenergan injection. The defense further contended that the line was properly placed in the vein. They further disputed Salcedo's future employment limitation claims and lost earnings.

Damages

Salcedo sought past lost earnings of $113,852, as well as future lost earnings of $1,653,031, and pain and suffering damages of $250,000.

Injuries

Salcedo suffered hemiplegia following a right watershed infarct in his brain with a distribution involving the middle cerebral artery and left parietal artery, resulting in left-side bodily weakness and permanent left-side brain damage. Salcedo was placed on disability, claiming he will be unlikely to engage in employment requiring standing, walking or balancing, substantially affecting his career as a security guard and police officer.

Result

The parties reached a non-liability settlement for $490,000.