Costello v. Kaiser
Published: Apr. 12, 1997 | Result Date: Oct. 30, 1996 | Filing Date: Jan. 1, 1900 |Case number: DUM0001524 – $236,361
Judge
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Shawn J. Bissonnette
(medical)
George W. Dennish III
(medical)
Defendant
Dan Andrus
(medical)
David A. Matthison
(medical)
Richard A. Katz
(medical)
Facts
In August 1991, claimant Johh Costello and his 14-year-old daughter, the decedent, were jogging when the decedent's heart began racing and she felt lightheaded. They stopped their jog. On Aug. 22, 1991, the claimants' daughter was taken to respondent Kaiser and examined by respondent Robin Daus, M.D. Dr. Daus ordered tests including an EKG, an exercise treadmill and an echocardiogram to rule out arrhythmia. Dr. Daus told the decedent not to exercise until the test results were returned. The test results were reviewed by cardiologists and interpreted as normal. On Nov. 20, 1992, the decedent daughter returned to Dr. Daus complaining of tightness in her chest, dizziness and feelings of faintness when running. The decedent told Dr. Daus that four times during the past year she had had similar episodes. Based on prior testing, Dr. Daus ruled out a cardiac problem, and tested the decedent for sports-induced asthma. She tested the peak expiratory flow rate before and after exercise, and diagnosed the condition as questionable sports-induced asthma and gave the decedent an inhaler. The claimants claimed that there was no change in the flow rate before and after exercise and that this finding was inconsistent with sports-induced asthma. On Feb. 22, 1993, the decedent decided to try out for the track team at her high school. The deceden'ts mother called Dr. Daus that morning and expressed a concern about her daughter trying out for track in light of her sports-induced asthma. Dr. Daus told the decedent's mother it would be good for her to go out for track and to let her do so. Two days later, on Feb. 24, 1993, after running as part of the track workouts, the decedent collapsed at school. She was taken to the hospital and pronounced dead that afternoon. The cause of death was determined to be an anomalous coronary artery. The claimants, the decedent's parents, brought this action against the respondents, based on medical neligence and malpractice theories of recovery.
Settlement Discussions
The claimants made a settlement demand for $225,000.
Damages
The claimants claimed $6,361.85 in special damages for burial expenses, and unspecified general damages.
Injuries
Death of a 14-year-old daughter.
Other Information
The award was rendered approximately two years and six months after the case was filed. The arbitration was held from Oct. 28 to Oct. 30, 1996 before Judge Ronald Johnson, retired. It did not resolve the matter.
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