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CONFIDENTIAL

Apr. 13, 2002

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $500,000

Court

Confidential


Attorneys

Plaintiff

Brian R. Magaa


Facts

The decedent presented - either by telephone or in-person to the defendant health care organization nine times
over a three week period with increasingly significant symptoms resembling chest cold and/or influenza, i.e.
fevers, coughing, shortness of breath and dizziness. Eventually the decedent was hallucinating. The decedentÆs
course became steadily downhill. During this period, chest x-rays showed lung infiltration that was increasing.
The decedent was initially treated with over-the-counter medications, but as the contacts with the health care
organization increased, various prescriptions were written. Eventually, the decedent was given an appointment
with a pulmonary specialist, but before the appointment could be kept the decedent was hospitalized and died.
The autopsy of the decedent revealed that the cause of death was coccidioidomycosis (valley fever). This is a
treatable disease, if caught early, in one form, if not caught in time, it has a 60 percent morbidity.

Settlement Discussions

None prior to the mediation

Specials in Evidence

$100,000 $550,000

Damages

The death of a 48-year-old Liberian immigrant husband and father of five. He is also survived by his mother.

Other Information

<M>A mediation was held before C. David Serena of Judicate West.</M>


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