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Personal Injury
Medical Malpractice
Negligence

Annette Berube v. William Klein

Published: Sep. 8, 2004 | Result Date: Jul. 8, 2004 | Filing Date: Jan. 1, 1900 |

Case number: O1CC3114 –  $0

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

Michael A. Lotta


Defendant

Michael R. Packer


Experts

Plaintiff

Stewart Finkelstein
(medical)

Carl T. Boylen
(medical)

Defendant

Michael Safani Pharm.D.
(medical)

Randolph H. Noble
(medical)

Facts

The subject case is a re-trial of a case that had resulted in a hung jury. On Dec. 21, 1999, the plaintiff's daughter, a 41-year-old female, was taken by ambulance to Huntington Beach Hospital after a drug overdose. She was on a long-term Methadone program. She was admitted by a non-party internal medicine specialist to the Intensive Care Unit. The affects of the overdose reversed and she was placed on constant monitoring for two additional days. On December 1999, she was examined by the defendant who concluded that her condition was stable and she could be discharged. The records indicated that the patient had surreptitiously ingested an opiate in the early morning hours of Dec. 23, 1999. After discharge, the patient went home and went into respiratory arrest within two hours. She was taken back to the hospital where she was pronounced dead. The autopsy revealed that she died of an overdose of Methadone.

Settlement Discussions

The plaintiff demanded $250,000; the defendant offered zero dollars.

Deliberation

______ hours

Poll

10-2

Length

____ days


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