Confidential
Settlement – $500,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Experts
Plaintiff
Marvin E. Ament
(medical)
Defendant
Kenneth Cox
(medical)
Glenn Billman
(medical)
Facts
In April 1996, the 4-year-old plaintiff tested positive on a screening tuberculosis test. She was given Isoniazid through the County of San Diego to treat the condition. On rare occassion, Isoniazid can be liver toxic. The plaintiff experienced a nine-pound weight gain, which was eight times the normal rate. The defendant's response was to increase the Isoniazid dosage since the dosage is weight dependent. On Aug. 31, 1998, the plaintiff had turned yellow and had other signs of liver damage. The plaintiff was admitted to Mercy Hospital where the liver failure was diagnosed. She was thereafter transferred to UCLA Medical Center for further care.
Specials in Evidence
$377,000 (Medi-Cal lien)
Damages
in excess of $1 million without instruction on MICRA limitations
Other Information
The County of San Diego would make no offer to settle this case. Judge David Moon convince both sides to participate in a summary jury trial to educate both sides on what a Vista jury would do hearing the facts. A jury was empaneled and both sides presented their case to the jury through an opening statement and argument.
Deliberation
one day
Poll
9-3 (in favor of liaibility)
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