Evans Johnson v. Thomas Cummings, M.D., Larry Burbridge, D.O.
Published: Jun. 26, 1999 | Result Date: Mar. 26, 1999 | Filing Date: Jan. 1, 1900 |Case number: 714852 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas Boylan
(medical)
Roberta J. Spoon
(technical)
Terry Fotre
(medical)
Defendant
Ned Chambers
(medical)
Joel Geiderman
(medical)
Facts
The patient, plaintiff's decedent, an active 44-year-old waitress had a husband and two adult children. She had no particular history of relevant diseases or problems, except an exhibited fear of doctors because her mother had primary breast cancer. The patient developed some flu-like weakness with a marginal tachycardia, for which she sought treatment from the defendant, Thomas Cummings, M.D., her private medical doctor. Dr. Cummings examined her and prescribed a Beta Blocker, Corgard, which she took initially as a 20 milligram dose. She collapsed on a brisk walk with her husband about four hours later, and, although there was no complete loss of consciousness, there was "near syncope." She was sent home to rest and eat. That evening, she was sent to the the Emergency Department at Mission Bay Hospital for observation by the defendant, Dr. Burbridge, at the request of Dr. Cummings as well as for a chest X-ray and sed rate check and a general examination regarding her reports of breathlessness as a result of powerlessness. The chest X-ray was normal as read by Dr. Burbridge and as read by the radiologist the next morning. The rate was normal and there was no sign or symptom of lung or other problems on general examination. Current shortless of breath was denied to the triage nurse and Dr. Burbridge. The EKG and pulse oximetry were also normal. The patient, through her husband, raised to Dr. Burbridge some leg pain the patient had experienced at the time of her collapsed, which was not presently there and was in the nature of a "Charley Horse" or cramp. This was examined, but not noted in the chart, as it was considered a non important finding. The patient was discharged home with instructions to see Dr. Cummings in the morning. She had elevated liver function tests and hepatitis was being explored by Dr. Cummings. The patient and her husband, the plaintiff had eaten oysters in the past few days and they were suspect for possible hepatitis although the husband had no symptoms. The patient remained weak, but continued to rest and felt better while resting. There were a total of three visits and five telephone calls to Dr. Cummings. On the ninth or tenth day of treatment, the patient collapsed at home and was taken to Mission Bay Hospital by a 911 ambulance and died. The plaintiffs brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $500,000. The defendants made no offer.
Specials in Evidence
$ _____ $ _____ $400,000 (present value) $ _____
Damages
$250,000 claimed for each of three plaintiffs in general damages.
Injuries
Death of a wife.
Other Information
The verdict was reached approximately one year and six months after the case was filed. A settlement conference was held on September 1998.
Deliberation
two days
Poll
9-3
Length
12 days
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