Bush v. Long Beach Memorial Medical Center
Published: Jul. 6, 2002 | Result Date: Mar. 28, 2002 | Filing Date: Jan. 1, 1900 |Case number: DUM0002368 Arbitration – $308,089
Court
Case Not Filed
Attorneys
Plaintiff
Steven C. Glickman
(Glickman & Glickman ALC)
Defendant
Bradley J. McGirr
(La Follette, Johnson, De Haas, Fesler & Ames)
Experts
Plaintiff
Douglas H. McConnell
(medical)
Gregory Hirsch
(medical)
Susan Zavala
(medical)
Jay N. Schapira M.D.
(medical)
John Pinnell
(medical)
Defendant
Warren L. Roston
(medical)
Steven M. Simons M.D.
(medical)
Melinda Leong
(medical)
Facts
Mr. Bush had open-heart surgery on June 2, 1998.
Fourteen days after the surgery, Mr. Bush was transferred from an intensive care unit to a step-down unit.
At 12:38 a.m. on June 18, 1998, when his assigned nurse came in for his "vital sign
check" he was found lying naked in bed without his telemetry monitor attached to him. Bush felt
warm but did not have a pulse. The staff attempted to revive Bush. However, Bush sustained
cardiac arrest, respiratory failure and irreversible neurological and brain damage. After
consultation with the family and medical team,. Bush was taken off the ventilator and
pronounced dead. The plaintiffs are the surviving wife and child.
Settlement Discussions
During arbitration, the hospital offered $100,000 and claimants countered with $250,000. However, the settlement never went through because the hospital claimed that the doctor was negligent.
Specials in Evidence
$106,831 $100,000
Damages
Damages for wrongful death were awarded to BushÆs wife and son.
Injuries
Bush suffered permanent brain and neurological damage before being taken off the ventilator.
Result
Judgment in claimants' favor against the hospital defendant. Defense judgement in favor of the doctor.
Other Information
Judgment for plaintiffs against the hospital for $250,000 in non-economic damages and $58,089 in economic damages. PlaintiffsÆ expert fees and interest pursuant to statutory offers are $84,000. Judgment in favor of the defendant Dick.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390