Marcella Brezae v. Kaiser Foundation Hospitals, Southern California Permanente Medical Group et al.
Published: May 3, 1997 | Result Date: Mar. 21, 1997 | Filing Date: Jan. 1, 1900 |Case number: DUM0001527 – $90,000
Judge
Court
American Arbitration Association
Attorneys
Plaintiff
Defendant
Laura E. Inlow
(Collinson, Daehnke, Inlow & Greco)
Facts
On Oct. 20, 1987, decedent Marcella Brezae, a 56-year-old payroll clerk, was transported by ambulance to respondent Kaiser Hospital in a semi-stuporous condition following a stroke. The decedent, whose history include obesity, smoking and hypertension, was examined in the emergency room by Alan Edelman, M.D., a neurosurgeon, who diagnosed a hypertensive intracranial hemorrhage (per the plaintiff) or a subrachnoid hemorrhage caused either by hypertension or an aneurysm. A brain CT scan demonstrated that the hemorrhage was causing a "mass shift" of the brain which was compressing the ventricals. Dr. Edelman decided to delay surgical intervention "until the patient improved, given the risk of surgery." The decedent did not improve and, in fact, worsened. The claimaint alleged another brain CT scan the next day showed slightly more bleeding. The respondent claimed there was further compression. When the decedent's condition markedly worsened on Oct. 24, Dr. Edelman ordered an angiogram, which established that the source of the hemorrhage was an anuerysm. He then performed surgery to evacuate the hemorrhage and clip the aneurysm but the decedent's condition further worsened until she died on Nov. 1. The claimant, the decedent's adult daughter, brought this wrongful death claim against Kaiser based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The respondents made no settlement offers.
Damages
The claimant claimed $200,000 (per the claimant) or $250,000 (per the respondent) in damages.
Injuries
Death of a 56-year-old mother.
Other Information
The award was rendered approximately seven years after the claim was made. The arbitration was held in February or March 1997 before Judge Lawrence Drumm, retired, of ADR.
Deliberation
2 hours
Poll
9-3
Length
4 days
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