Confidential
Settlement – $1,097,090Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
Randolph M. Even
(ADR Services Inc.)
Facts
On Jan. 3, 1992, the plaintiff, a 42-year-old homemaker and the decedent, a 45-year-old trucker, were stopped at a red light when they were rearended by a truck owned by the defendant company and operated by the defendant's employee. The truck was a 1986 Ford 250 pulling a fully loaded double axle trailer. The impact occured at 10 to 15 mph. The plaintiff sustained multiple contusions and soft-tissue injuries and the decedent sustained multiple contusions, fractures and a disk herniation at L4-5. A lumbar laminectomy was performed on the decedent at L4-5 in 1992 by defendant doctor. After the laminectomy, the decedent seemed to be doing reasonably well and then his symptoms worsened and a subsequent MRI showed recurrent disk herniation at L4-5. A second lumbar laminectomy was scheduled to be performed by the defendant doctor at the defendant hospital. Following the first laminectomy, the defendant had prescribed large amounts of Naprosyn and other anti-inflammatory medication and the decedent had a history of hepatitis and a history of heavy drinking. The second lumbar laminectomy was performed Dec. 6, 1994, and early on in the surgery, the decedent began to bleed profusely. The defendant doctor and the defendant anesthesiologist called for the two units of autologous blood that the decedent had previously given, but were told the cyto technician from the defendant hospital had left the premises and was approximately 45 minutes away. The defendant doctors packed the open surgical site and waited for the cyto technician to arrive and the autologous blood was transfused. The decedent's blood pressure was supported in the interim by IV fluid push. Surgery was finished, although the defendant doctor testified in deposition that he would have preferred to transfuse two more units of blood, but no blood had been typed and cross-matched, so he could not transfuse prior to the end of surgery. The decedent was transferred to recovery with standing orders to transfuse two more units of blood as soon as they were available. Both doctors left the premises of the hospital. The defendant ortho left at approximately 1 a.m. At approximately 5 a.m., he received a call at home from a member of the nursing staff at the defendant hospital advising that the decedent's blood pressure was approximately 60/40, the nurse further indicated it had been like that "pretty much through the night." The defendant doctor went to the hospital and found the decedent in a hypotensive state and the decedent died on Dec. 7, 1994, due to complications of prolonged hypotension. The plaintiff, the decedent's wife, brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
These were multiple cases with complex settlement negotiations. The plaintiff's demand in the automobile case was $2 million and $250,000 in the medical malpractice. Defendant in the automobile case initially offered $400,000, raised in stages to policy limit of $967,093.
Specials in Evidence
$32,135 (plaintiff wife); $165,973..29 (decedent)
Injuries
Death of husband. The plaintiff claimed cervical, lumbar strain and multiple contusions.
Other Information
Multiple settlement conferences were held before John K. Trotter of JAMS resulting in settlement of the automobile case. The medical malpractice action was settled. The automobile case settled for a total of $967,093, which was the full amount remaining in the aggregate policy of the defendant's carrier. The medical malpractice claims resolved for a total of $130,000 and appeared to involve an issue of first impression as to where the credit or offset for prior settlements on the wrongful death claim would be applied pursuant to Proposition 51 whether or not the credit would be taken "inside" the cap of $250,00 under MICRA.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390