Confidential
Settlement – $250,000Facts
In July 1994, the plaintiff, a 66-year-old retired teacher, was troubled with two conditions, polymyalgia rheumatica, an inflammatory process of the muscles, and an artificial aortic valve requiring chronic anticoagulation to prevent blood clots from forming on the valve. The polymyalgia rheumatica is known to be associated with giant cells arteritis, an inflammatory condition also known as temporal arteritis, wherein medium sized arteries such as arteries of the temporal area of the scalp and the retinal arteries become inflammed and possibly obstructed. On July 13, 1994, she visited a dermatologist of her defendant HMO with complaints of scalp tenderness and pain. The record fails to document a physical examination, however, the diagnosis was seborrhea, a scaling of the skin. A few days later, when she saw her HMO cardiologist she again mentioned her scalp symptoms and associated headache, however, no mention of this is found in the record. On July 23, 1994, the plaintif presented to the walk-in clinic of her HMO with complaints of visual disturbance in her left eye. She was seen by a moonlighting resident who failed to learn the plaintiff's medical history even though he knew she was taking Prednisone, a medication prescribed for inflammatory conditions, in this case the polymyalgia. He diagnosed the plaintiff's condition at that time as optic neuritis an inflammation of the optic nerve and referred her to the eye clinic to seen two days later. The following day, the plaintiff was blind in her left eye. After being admitted to the hospital and thoroughly evaluated, the diagnosis of giant cell arteritis was made and the dosage of Prednisone was increased. In September that same year, the plaintiff was admitted to the hospital with generalized weakness, a side effect of the Prednisone she was taking for her inflammatory conditions. After discharge, she was to be followed up by her HMO internist, a rheumatologist. From the time the plaintiff had her artificial valve placed in 1988, her anticoagulation levels were followed by her HMO cardiologist. This became the responsibility of her internist after the September 1994 hospitalization. The plaintiff's anticoagulation levels had always been erratic due to changing medications and diet, both of which can caused the need for changes in anticoagulation dosage. The records fail to show that any doctor was following the plaintiff's anticoagulation between her discharge from the hospital in September and when her anticoagulation was dangerously low in early December 1994. On Dec. 6, 1994, a clot which had formed on her valve broke off causing a stroke. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand for $310,000. The HMO offered $210,000. The plaintiff reduced her demand to $275,000 with indications she could go to $260,000. The defendant HMO made a final settlement offer of $250,000.
Damages
Plaintiff claimed she was planning to go back to substitute teaching in January 1995, after being retired for 2+ years. She planned to work for an additional 8 to 10 years at about $17,500 per year. The probability of this employment was statistically limited, about 8% likelihood, although plaintiff knew teachers in their 70's who were welcomed by the school system as substitutes.
Injuries
The plaintiff claimed the defendants' negligence caused the blindness in the left eye and the stroke which caused right sided weakness.
Other Information
The settlement was reached approximately two years after the case was filed.
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