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Slim Shady Man: What do you think of damage caps?

for tort claims like medical malpractice. Example would be M...
obsidian odious international law enforcement agency
  02/13/12
I'm opposed to them. I have strong views on the nature of me...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
Me too man. Is there any cogency to the argument that lack o...
obsidian odious international law enforcement agency
  02/13/12
yes
Carnelian cowardly dilemma
  02/13/12
Explain, prole.
obsidian odious international law enforcement agency
  02/13/12
Dumb fuck.
exciting chad kitty
  09/16/15
...
vigorous friendly grandma
  10/12/15
Punitive damages should be cap'd. How much compensation i...
Carnelian cowardly dilemma
  02/13/12
Conclusory. How do we redefine it and why
obsidian odious international law enforcement agency
  02/13/12
With regards, to capping punitive damages. Argument can be m...
Carnelian cowardly dilemma
  02/13/12
I find the AMA's argument that malpractice litigation increa...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
It increases costs as a whole bro. Litigation ends up bec...
Carnelian cowardly dilemma
  02/13/12
...
obsidian odious international law enforcement agency
  02/13/12
http://www.youtube.com/watch?v=1dx63yZIruA&feature=relmf...
obsidian odious international law enforcement agency
  02/13/12
Any idea as to whether Obamacare deals with med mal reform a...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
I don't know, but the corporate-backed GOP model of "to...
obsidian odious international law enforcement agency
  02/13/12
"If a fact-finder, with the knowledge and experience of...
Carnelian cowardly dilemma
  02/13/12
TOPIC: MEDICAL LIABILITY - Emergency Medicine TITLE: $ 4....
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
tyft
obsidian odious international law enforcement agency
  02/13/12
Patient was obese = contributory negligence = proper award i...
alcoholic amethyst nursing home new version
  02/13/12
I'm fine with every thing in the result except "$ 3,000...
Carnelian cowardly dilemma
  02/13/12
oh shut the fuck up.
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
(prole who paid for LS using car accident settlement)
Carnelian cowardly dilemma
  02/13/12
Verdict Date: July 22, 2011; Publication Date: October, ...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
This is bullshit. They could've shot the kid when it was bor...
Carnelian cowardly dilemma
  02/13/12
TOPIC: MEDICAL LIABILITY - Hospitals TITLE: $ 11 Million ...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
...
Cobalt Wonderful Gas Station Gay Wizard
  03/09/12
But why bump this thread good brother?
obsidian odious international law enforcement agency
  03/09/12
...
Cobalt Wonderful Gas Station Gay Wizard
  09/16/15
...
Cobalt Wonderful Gas Station Gay Wizard
  04/08/12
...
diverse quadroon native
  10/02/15
It's a hypothetical brother. Replace with any amount above a...
obsidian odious international law enforcement agency
  02/13/12
No problem with medical expenses, funeral expenses, lost ear...
Carnelian cowardly dilemma
  02/13/12
Because were it not for the defendant's negligence, grief (s...
obsidian odious international law enforcement agency
  02/13/12
Listen, I have no problem compensating for grief. I have a p...
Carnelian cowardly dilemma
  02/13/12
What if you woke up with no limbs, like the actual plaintiff...
obsidian odious international law enforcement agency
  02/13/12
I'd want 100 million dollars. Just like when conservatards r...
Carnelian cowardly dilemma
  02/13/12
If a rational jury, acting in good faith and in accordance w...
obsidian odious international law enforcement agency
  02/13/12
...
Cobalt Wonderful Gas Station Gay Wizard
  03/22/12
Why the bump bro?
obsidian odious international law enforcement agency
  03/22/12
i'm a defense lawyer and i think they're garbage. insurance ...
Irradiated Erotic Mad Cow Disease Area
  02/13/12
TOPIC: MEDICAL LIABILITY - Ob/Gyn TITLE: $ 7 Million Sett...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
One must accept that Medical care will never be flawless. Pu...
Carnelian cowardly dilemma
  02/13/12
It's pretty conclusive that they can never be made truly who...
obsidian odious international law enforcement agency
  02/13/12
Topic: EMERGENCY DEPARTMENT -- FAILURE TO CONDUCT CT-SCAN IN...
Cobalt Wonderful Gas Station Gay Wizard
  02/13/12
Caps on damages are not the answer. Caps on attorneys' fees...
Haunting Razzle Hall
  03/09/12
Elaborate, you piece of shitlib.
Cobalt Wonderful Gas Station Gay Wizard
  03/09/12
Seconded
obsidian odious international law enforcement agency
  03/09/12
cap attorney fees, reduce the number of attorneys willing to...
Carnelian cowardly dilemma
  03/22/12
slim_shady_man KILLED IT in this thread
vigorous friendly grandma
  11/23/14
basically
Yellow Trust Fund
  11/23/14
...
Cobalt Wonderful Gas Station Gay Wizard
  10/02/15
ever day i pour out a lil labatt for my friend
sticky lodge crotch
  11/23/14
...
Aphrodisiac brilliant state
  09/16/15
...
Turquoise Really Tough Guy Roast Beef
  10/02/15
...
diverse quadroon native
  10/02/15


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Reply Favorite

Date: February 13th, 2012 10:23 AM
Author: obsidian odious international law enforcement agency

for tort claims like medical malpractice. Example would be MICRA or the expose on the family in the documentary movie Hot Coffee.

Don't you think these unfairly limit the plaintiffs recovery while absolving tortfeasors of their culpability? As well as decrease access to justice for the plaintiffs from the outset, as lawyers will not take costly cases where the cap will limit their contingency?



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19955905)



Reply Favorite

Date: February 13th, 2012 11:39 AM
Author: Cobalt Wonderful Gas Station Gay Wizard

I'm opposed to them. I have strong views on the nature of med mal litigation in this country.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956201)



Reply Favorite

Date: February 13th, 2012 11:46 AM
Author: obsidian odious international law enforcement agency

Me too man. Is there any cogency to the argument that lack of damage caps allow plaintiffs to recover a windfall/distort health care costs/contribute to an overly litigious society?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956231)



Reply Favorite

Date: February 13th, 2012 11:47 AM
Author: Carnelian cowardly dilemma

yes

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956237)



Reply Favorite

Date: February 13th, 2012 11:55 AM
Author: obsidian odious international law enforcement agency

Explain, prole.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956279)



Reply Favorite

Date: September 16th, 2015 1:00 PM
Author: exciting chad kitty

Dumb fuck.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28767117)



Reply Favorite

Date: October 12th, 2015 11:13 AM
Author: vigorous friendly grandma



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28951255)



Reply Favorite

Date: February 13th, 2012 11:46 AM
Author: Carnelian cowardly dilemma

Punitive damages should be cap'd.

How much compensation is required to consider an individual "whole" again should be re-defined.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956233)



Reply Favorite

Date: February 13th, 2012 11:48 AM
Author: obsidian odious international law enforcement agency

Conclusory. How do we redefine it and why

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956244)



Reply Favorite

Date: February 13th, 2012 11:54 AM
Author: Carnelian cowardly dilemma

With regards, to capping punitive damages. Argument can be made that minimum standards of practice are enforced by medical associations, etc. Punitive damages provides no additional preventive measure. Further on policy, don't need an additional layer of cost, that ultimately hits the consumer.

Shift precedent, using a combo of policy and equity, and say that we shouldn't restrict D from effectively practicing medicine. There's a really good line of cases coming out of English courts at the turn of the century (making the same arguments)...however, in those cases D is the public authority that offers a public service (i.e if the courts place heavy liability on park maintenance, then the service will just be cut).

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956269)



Reply Favorite

Date: February 13th, 2012 11:48 AM
Author: Cobalt Wonderful Gas Station Gay Wizard

I find the AMA's argument that malpractice litigation increases insurance premiums disingenuous.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956245)



Reply Favorite

Date: February 13th, 2012 11:58 AM
Author: Carnelian cowardly dilemma

It increases costs as a whole bro.

Litigation ends up becoming a fixed cost, and thus fixed into the cost of service.



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956290)



Reply Favorite

Date: February 13th, 2012 11:38 AM
Author: obsidian odious international law enforcement agency



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956197)



Reply Favorite

Date: February 13th, 2012 11:51 AM
Author: obsidian odious international law enforcement agency

http://www.youtube.com/watch?v=1dx63yZIruA&feature=relmfu

How can you watch this and feel like an arbitrary cap is fair??

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956253)



Reply Favorite

Date: February 13th, 2012 11:53 AM
Author: Cobalt Wonderful Gas Station Gay Wizard

Any idea as to whether Obamacare deals with med mal reform at all?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956263)



Reply Favorite

Date: February 13th, 2012 11:55 AM
Author: obsidian odious international law enforcement agency

I don't know, but the corporate-backed GOP model of "tort reform" would increase these types of occurrences. Also i think these caps undermine the role of a jury in our legal system. If a fact-finder, with the knowledge and experience of the community, finds that someone does $10MM in harm, why should the tortfeasor pay a dime less than $10MM?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956278)



Reply Favorite

Date: February 13th, 2012 11:59 AM
Author: Carnelian cowardly dilemma

"If a fact-finder, with the knowledge and experience of the community, finds that someone does $10MM in harm, why should the tortfeasor pay a dime less than $10MM?"

Give me an example of a 10 Million dollar wrong doing re: med mal.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956298)



Reply Favorite

Date: February 13th, 2012 12:01 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

TOPIC: MEDICAL LIABILITY - Emergency Medicine

TITLE: $ 4.2 Million Verdict In Suit Arising From Heart Attack

RESULT: $ 4,200,000 jury verdict, consisting of $ 4,716.90 medical expenses; $ 4,787.20 funeral expenses; $ 872,000 lost earning capacity; $ 300,000 loss of household services; $ 3,000,000 sorrow, grief, loss of companionship, services etc.

INJURY: Death.

STATE: West Virginia

PLAINTIFF ATTORNEY: Robert P. Fitzsimmons, Brent E. Wear, of the Fitzsimmons Law Firm, PLLC, Wheeling, WV

DEFENDANT ATTORNEY: Dickie, McCamey & Chilcote, L.C.

SUMMARY: On February 9, 2009, a 43-year-old female who was a full-time employee of the accounts department of a national law firm experienced chest pains and went to the emergency room. The emergency room protocol required troponin levels drawn at least four hours apart. The emergency room doctor drew them at an hour and 20-minute interval. The patient was discharged with undiagnosed chest pain and was not scheduled or referred for a stress test as required by ER policy. The patient died 11days later in her sleep of myocardial infarction. She was survived by her husband, adult son, three sisters, and a brother.

Suit was brought against the emergency room physician for failure to order stress test with complaints of chest pain, family history of coronary artery disease, borderline high blood pressure, borderline glucose intolerance, and obesity.

At trial, a directed verdict was granted in favor of plaintiffs on the issue of negligence. Defendant contested causation and damages.

PLAINTIFF EXPERT WITNESSES: Daniel L. Selby, economist, Charleston, WV

DEFENDANT EXPERT WITNESSES: Jerome E. Granato, M.D., cardiologist, Pittsburgh, PA

COURT: Hiam v. Heirendt, No. 10-C-123 M (Ohio Cty. Cir. Ct. WV Sept. 28, 2011)

PUBLICATION-DATE: November 2011

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956306)



Reply Favorite

Date: February 13th, 2012 12:03 PM
Author: obsidian odious international law enforcement agency

tyft

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956319)



Reply Favorite

Date: February 13th, 2012 6:11 PM
Author: alcoholic amethyst nursing home new version

Patient was obese = contributory negligence = proper award is something like $5K

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19958129)



Reply Favorite

Date: February 13th, 2012 12:03 PM
Author: Carnelian cowardly dilemma

I'm fine with every thing in the result except "$ 3,000,000 sorrow, grief, loss of companionship, services etc."

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956320)



Reply Favorite

Date: February 13th, 2012 12:03 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

oh shut the fuck up.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956321)



Reply Favorite

Date: February 13th, 2012 12:04 PM
Author: Carnelian cowardly dilemma

(prole who paid for LS using car accident settlement)

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956330)



Reply Favorite

Date: February 13th, 2012 12:05 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

Verdict Date: July 22, 2011;

Publication Date: October, 2011

Topic: [*1] Medical malpractice - Ob/gyn - Abortionist is sued after failed abortion results in child born with cerebral palsy - Past medical and future life care needs for child - Punitive damages

Result: $ 36,737,660 Verdict

State: Florida

County: Orange

Judge: John Marshall Kest

Plaintiff Attorney: Jennifer Fernandez of The Fernandez Firm in Tampa, FL

Defendant Attorney: Robert J. Nesmith in Orlando, FL; Joseph P. Menello of Wicker Smith O'Hara McCoy & Ford P.A. in Orlando, FL

Facts:

In this matter, a woman sued after an abortion procedure at an Orlando Medical facility resulted in the premature birth of a child afflicted with cerebral palsy.

On November 15, 2001 the plaintiff C.H. presented at the Orlando Women's Center in Orlando, Florida. After being examined by staff members, she was advised that she was 22.3 weeks into her pregnancy. Due to the gestational age and complications of an earlier delivery, the plaintiff decided to terminate the pregnancy. At 1:30 p.m. she was given the first of 12 200 mg injections of Cytotec, as well as one injection of RU-486. The injections occurred over an 11-hour period, after which the plaintiff, having not yet been examined by a physician or having completed giving birth, left the facility. She then presented at Orlando Regional Medical [*2] Center, where her child was delivered via C-section. The child F.H. suffers from severe cerebral palsy and cannot speak, walk or take care of herself.

In 2004, the plaintiff filed suit on her child's behalf in Orange County Circuit Court for medical malpractice, naming the Orlando Women's Center and its administrator James P. IV, as well as the attending physician Dr. Randall W. The plaintiff sought recovery for the child's medical damages in the past and future, as well as punitive damages for gross negligence. The defendant Dr. Randall W. was accused of negligent diagnosis, with James P. accused of negligent supervision, and the facility itself negligent through its staff members.

The case was initially dismissed in 2006. That decision was reversed and the case reinstated in 2009. The only settlement discussions were conducted in the initial suit, with mediation offers confidential. Dr. Randall W. was removed from the suit after filing for bankruptcy in 2010, leaving James P. and his facility as defendants.

In the four day compensatory damages trial, the plaintiff presented the argument that if she'd been seen by a doctor and given a sonogram, there was a reasonable expectation [*3] that the doctor would have determined that her fetus was viable and that abortion was no longer an option. There were, however, no medical personnel available at the facility. Testimony was presented by the plaintiff, as well as expert Ob/Gyn testimony and testimony from treating physicians. Additional testimony was heard from expert witness Sharon Griffen regarding the life care needs of the child.

The defendant argued that if the plaintiff had stayed, the abortion would have been completed. Two expert Ob/Gyn doctors were deposed, but their deposition was not presented at trial.

After an hour and a half, the jury returned with an award of $ 18,737,660.16 in compensatory damages to the plaintiff, including $ 462,305.16 for past medical damages and $ 18,275,355 for the child's future life care. The plaintiff then made her case in a one day punitive trial for the gross negligence of the plaintiffs. The jury deliberated for three and a-half hours on that matter before returning an additional $ 18 million in punitive damages. The final verdict in the matter was for $ 36.7 million.

Plaintiff Experts: Plaintiff's economics expert: Frederick Raffa from Orlando, FL

Plaintiff's life care planning expert: Sharon [*4] Griffin from Stuart, FL

Plaintiff's Ob/Gyn expert: Paul Gatewood from Akron, OH

Plaintiff's pediatric neurology expert: Jose Foradada from Tampa, FL

Commentary: At the time of incident, the defendant James P. was incarcerated at United States Prison after pleading guilty in 2004 to charges of obstruction of justice relating to a criminal investigation for extortion. Dr. Randall W. was in charge of the defendant facility at the time of the plaintiff's admission. There were no medical personnel on-site at the facility, according to plaintiff's counsel. At the time of trial, James P.'s medical license was suspended.



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956336)



Reply Favorite

Date: February 13th, 2012 12:08 PM
Author: Carnelian cowardly dilemma

This is bullshit. They could've shot the kid when it was born (or late term'd it once they realized it was still alive) and saved 37 million dollars.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956352)



Reply Favorite

Date: February 13th, 2012 12:09 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

TOPIC: MEDICAL LIABILITY - Hospitals

TITLE: $ 11 Million Settlement In Suit Arising From Newborn's Hyperbilirubinemia

RESULT: $ 11,000,000 cash settlement.

INJURY: Severe Cerebral Palsy with need for 24-hour care.

Special Damages: Past care costs--$ 280,000 of which $ 115,000 was paid by health insurance, which initially claimed a lien as a self-funded insurance plan, but then waived their lien. MediCal asserted a lien for $ 165,000.

Future Medical Care costs--$ 1.8 million to $ 5 million depending on off-sets per Defendant; $ 15.4 million per Plaintiff.

Future loss of Earnings--$ 650,000 to $ 720,000 per Defendant; $ 1.15 million to $ 1.4 million per Plaintiff.

STATE: California

PLAINTIFF ATTORNEY: Bruce Fagel, Tom Alch, Law Offices of Bruce G. Fagel & Associates, Beverly Hills, Cal.

DEFENDANT ATTORNEY: Patrick Osborn, Clifford & Brown, Bakersfield, Cal.

SUMMARY: Plaintiff, now age three, was born on August 1, 2007, at Defendant Hospital. He was delivered at term by spontaneous vaginal delivery with Apgar scores 8/9. He stayed with his mother in couplet care, and appeared healthy and normal, with normal breast feeding. He was seen by Defendant on-call pediatrician at 11:45 a.m. on August 2, 2007, and appeared healthy and normal and without any evidence of jaundice. The pediatrician gave an order for discharge with instructions for the mother to call and make an appointment with her own pediatrician in 3 1/2 days. At 2:15 p.m., a postpartum nurse performed a transcutaneous Bilicheck on the Plaintiff in accordance with a Hospital policy requiring such checks on all healthy newborn babies above 35 weeks gestation. The reading of 5.3 was noted by the nurse in both the baby's charts. The nurse interpreted the read as being low risk and therefore did not contact the doctor. The mother and baby were discharged from the Hospital at 3:15 p.m., at 23 hours of age.

The next day the mother called her pediatrician and made an appointment for Monday, August 6. On Friday, the mother noted some yellow dots on the baby's face. Although she did not recall at deposition, a subsequent medical record noted a history that she called a doctor on Friday, August 3 and was told to place the baby in indirect sunlight. On Saturday, August 4, the mother noted that she had to wake the baby for feeding and the baby had some more yellow dots on his face. On Sunday, August 5, the mother noted that the baby was not breast feeding and appeared more yellow. She called her mother who told her to take the baby to the Hospital. At 5:33 pm, the baby was checked in to the ER of Defendant hospital with complaints of decreased feeding since yesterday and a very yellow appearance. The ER nurse and ER doctor both confirmed that the baby appeared markedly jaundiced and had a temperature of 101.6. At 5:45 p.m., lab work, including a total Bilirubin was drawn, and the ER doctor attempted a lumbar puncture x2 but was unsuccessful. At 8:20 p.m., ER doctor called the on-call pediatrician (who was the same pediatrician who had discharged the baby after birth) and told him that the baby needed to be admitted to the hospital and that the Bilirubin level was pending. At 8:32 p.m., the lab reported a total Bilirubin level of 30 and the pediatrician was then called back at 9:15 p.m. and told of the diagnosis of Hyperbilirubinemia. The pediatrician ordered triple phototherapy started in the ER and then came in to see the baby and arrange for transfer to the NICU of another hospital. The Plaintiff's Bilirubin level was reduced over the next 24 hours and he was discharged on August 19, 2007, with a diagnosis of kernicterus. An MRI taken at UCLA on March 20, 2008, showed evidence of injury to the Globus Pallidus, consistent with Kernicterus. On May 8, 2008, the Plaintiff was admitted to a Children's Hospital for placement of both a tracheostomy and feeding gastrostomy. The mother's health insurance, through her work, then paid for 16 hours LVN care at home.

Plaintiff Contentions: Defendant Hospital was negligent for having a confusing and incomplete newborn bilirubin assessment policy. The Bilicheck level of 5.3 should have been interpreted as a Low Intermediate Risk zone and the nurse was negligent for not calling the pediatrician so he could determine if the baby needed to be seen sooner after discharge. If the baby had been seen on Saturday, August 4, it is likely that the Bilirubin level would have been elevated and if treatment was provided it would have prevented the development of kernicterus.

Defendant Contentions: The Bilicheck level was recorded in the chart and did not require calling the pediatrician since even a Low Intermediate Risk zone was a minor risk factor for the development of hyperbilirubinemia. If Plaintiff had been seen on Saturday, the Bilirubin level would not have been high enough to require treatment, since the Bilirubin likely spiked on Sunday, August 5, due to a viral infection that was evidenced by the fever on admission. The pediatrician and not the nurse decides when follow-up is required after discharge, and Plaintiff Mother was instructed to call doctor about any evidence of jaundice or decreased feedings. Treatment on Sunday morning would have prevented kernicterus, but mother did not bring baby to ER until 5:30 p.m. Due to severity of Plaintiff's injuries, requiring both a gastrostomy and tracheostomy, with multiple hospital admissions and ER visits for pneumonia and tracheitis, Plaintiff's life expectancy is limited to age 10 to 15.

NOTE: For other cases involving similar issues, see 30 No. 1 Verdicts. Settlements & Tactics art. 30 (January 2010).

PLAINTIFF EXPERT WITNESSES: John Samson, M.D., Pediatrics, Long Beach, Cal.; Vinod Bhutani, M.D., Neonatology, Palo Alto, Cal.; Donna Loper, R.N.-NICU Nurse, San Luis Obispo, Cal.; Arthur Shorr, FACHE, Hospital Administration, Van Nuys, Cal.; Ira Lott, M.D., Pediatric Neurology, Orange, Cal.; Barbara Greenfield, R.N., Life Care Planning, Pasadena, Cal.; Peter Formuzis, Ph.D., Economics, Irvine, Cal.

DEFENDANT EXPERT WITNESSES: Lawrence Gartner, M.D., Pediatrics, Chicago, Ill.; Phillipe Friedlich, M.D., Neonatology, Los Angeles, Cal.; Karen Simkow, R.N.-NICU Nurse, Sacramento, Cal.; Dennis Coleman, Hospital Administration, Ventura, Cal.; Perry Lubens, MD, Pediatric Neurology, Long Beach, Cal.; Kimberly Bedell, M.D., Pediatric Rehabilitation, Long Beach, Cal.; Linda Olzack, RN, Life Care Planning, Fresno, Cal.; Marc Cohen, Economist, Lafayette, Cal.

SETTLEMENT NEGOTIATIONS: After Plaintiff sent defendant pediatrician a CCP § 998 offer for $ 1 million (policy limits) it was accepted, and the Court ruled that it was a Good-Faith settlement. Plaintiff and Defendant Hospital then agreed to a mediation before Jay Horton, Esq., on November 29, 2010, where Defendant Hospital offered $ 700,000. A second mediation session was then set for March 4, 2011, after further discovery. At this mediation, Plaintiff made a demand of $ 10.5 million and the Defendant Hospital offered $ 2 million. After the mediation, Plaintiff made a CCP § 998 offer for $ 8.5 million, which expired on April 5, 2011. Although there were further settlement discussions with counsel for the excess insurance carrier, no offer was made. Instead, on April 6, 2011, Defendant Hospital made CCP § 998 offer to Plaintiff for $ 6.25 million. Plaintiff then countered with a demand of $ 10 million. This demand of $ 10 million was then accepted on April 14, which was four days before the trial date of April 18, 2011. The settlement was approved by the Court on May 4, 2011.

COURT: O.P. a minor v. Doe Hospital, Roe Pediatrician, (Kern County Superior Court, Cal. May 4, 2011)

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956356)



Reply Favorite

Date: March 9th, 2012 4:20 PM
Author: Cobalt Wonderful Gas Station Gay Wizard



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20163867)



Reply Favorite

Date: March 9th, 2012 4:21 PM
Author: obsidian odious international law enforcement agency

But why bump this thread good brother?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20163872)



Reply Favorite

Date: September 16th, 2015 12:35 PM
Author: Cobalt Wonderful Gas Station Gay Wizard



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28766925)



Reply Favorite

Date: April 8th, 2012 11:02 AM
Author: Cobalt Wonderful Gas Station Gay Wizard



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20416698)



Reply Favorite

Date: October 2nd, 2015 5:58 PM
Author: diverse quadroon native



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28886340)



Reply Favorite

Date: February 13th, 2012 12:02 PM
Author: obsidian odious international law enforcement agency

It's a hypothetical brother. Replace with any amount above any cap in your jurisdiction.

See also the case of Colin Gourley.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956315)



Reply Favorite

Date: February 13th, 2012 12:04 PM
Author: Carnelian cowardly dilemma

No problem with medical expenses, funeral expenses, lost earning capacity or loss of household services. Do have a problem with the grief bullshit. How is grief going to be 10x that of household services?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956327)



Reply Favorite

Date: February 13th, 2012 12:06 PM
Author: obsidian odious international law enforcement agency

Because were it not for the defendant's negligence, grief (serious, life-altering, happiness-depriving) would never have occurred.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956337)



Reply Favorite

Date: February 13th, 2012 12:07 PM
Author: Carnelian cowardly dilemma

Listen, I have no problem compensating for grief. I have a problem if that compensation = 3 million dollars.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956347)



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Date: February 13th, 2012 12:10 PM
Author: obsidian odious international law enforcement agency

What if you woke up with no limbs, like the actual plaintiff from CA in the youtube video above?



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956367)



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Date: February 13th, 2012 12:13 PM
Author: Carnelian cowardly dilemma

I'd want 100 million dollars. Just like when conservatards realize they need an abortion after getting pregnant at 15.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956377)



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Date: February 13th, 2012 12:17 PM
Author: obsidian odious international law enforcement agency

If a rational jury, acting in good faith and in accordance with the presiding judge's instructions of the law, found that you suffered $100MM of damage, then I would ardently support that verdict. Problem?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956398)



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Date: March 22nd, 2012 9:00 AM
Author: Cobalt Wonderful Gas Station Gay Wizard



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20266455)



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Date: March 22nd, 2012 10:02 AM
Author: obsidian odious international law enforcement agency

Why the bump bro?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20266642)



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Date: February 13th, 2012 12:04 PM
Author: Irradiated Erotic Mad Cow Disease Area

i'm a defense lawyer and i think they're garbage. insurance premiums have nothing to do with lit costs...lit costs are a fraction of a percentage point. medical care is expensive as fuck. an mri costs $1800, a consult with an ortho is another $1500l; surgery with you not spending the night is still $5-9K.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956326)



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Date: February 13th, 2012 12:07 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

TOPIC: MEDICAL LIABILITY - Ob/Gyn

TITLE: $ 7 Million Settlement In Suit Arising From Birth Injury

RESULT: $ 7,000,000 settlement.

INJURY: Brain damage (hypoxic-ischemic encephalopathy) in the form of cerebral palsy, developmental delays and is at significant risk for mental retardation as a result of and caused by the intrapartum hypoxic-ischemia. These conditions are permanent, and will require life-long extensive medical care, treatment, and attendant care, and result in the inability of Nicaya Rembert to be gainfully employed, and all other damages attendant to her condition.

STATE: Michigan

PLAINTIFF ATTORNEY: Geoffrey N. Fieger and Paul Broschay Fieger, Fieger, Kenney, Johnson & Giroux, Southfield, MI; Jack Beam And Douglas J. Raymond, Of Beam & Raymond Associates, Lafayette, CO

DEFENDANT ATTORNEY: Stephen R. Brzezinski Of Kitch Drutchas Wagner Valitutti & Sherbrook, Detroit, MI

SUMMARY: Lelia Rembert presented to Defendant Hospital with uterine contractions on at 10:17 a.m. February 28, 2008. She was evaluated in triage by K. Bannapler, PAC at approximately 10:17 a.m. and was found to be a 31-year-old gravida 3 para 2, with an EDC of February 25, 2008, which put her at 40 3/7 weeks gestation. At the time of the triage evaluation fetal heart tones were in the 140s to 150s. The baby's position was described as "suspected vertex by Leopold's, presenting part is not palpable."

At about 11:45 a.m., a bedside ultrasound was performed that indicated amniotic fluid index of 125, placenta posterior, abdominal circumference of 378, femur length of 726, and estimated fetal weight of 4049 grams, or 8 lb; 14 oz.

At 12:00 noon and again at 12:30 p.m., Defendant Hospital, by and through its nurses, assessed the patient and determined that the unborn baby's fetal heart rate baseline was in the 130s, with moderate long term variability; that contractions were every three to four minutes and were 60 seconds in duration.

In the Progress Notes at 12:00, one or more nurses at Defendant Hospital recorded in the chart that the fetal heart tones were in the 140s, with moderate variability, and that contractions were every two to four minutes.

No decelerations of the heart rate are charted or described from 12:00 to 13:00. However, there are some decelerations on the electronic fetal heart monitor tracing that should have been noted by The Hospital as being late in nature, with moderate variability (6 to 25 bpm) .

There is no Hospital record which would prompt the nurses to chart regularly and categorically, the presence or absence of accelerations, decelerations, and type of deceleration if present (e.g., early, variable, late). It appears that the nurses did from time to time chart the existence of some of the decelerations by shape, e.g., at 14:00 hours,"decel noted ?? 120's lasting 30-40 seconds." Although there is a specific place in the preprinted charts to regularly and categorically chart (under "cervix, vaginal exam, examiner") the results of vaginal examinations including the progress over time of dilitation, effacement and fetal station, that portion of the chart was not used.

A review of the electronic fetal heart monitor tracing from about 12:00 to 12:30, around panels 24522 through 24533, shows approximately twelve (12) contractions occurring about every two to three minutes; and that from about 12:30 to 13:00 there are approximately eleven (11) contractions occurring about every two minutes.

At 13:00, 13:15, 13:39, and 13:45 on the Clinical Flowsheet, fetal heart tones were charted in the 130s or in the 140s; moderate variability was charted at 13:00 and 13:15. Thereafter, minimal variability was charted at 13:30 and 13:45. Contractions were charted in the one- to three- minute range.

The monitor tracing showed that the patient was up to void at about 13:00 (panel 24543) and the monitor was off from 13:00 to 13:07. When the monitor was restarted at about 13:07, variable and late decelerations of the heart rate are apparent, which continued throughout the labor and became worse over time.

At 13:15 in the Progress Notes a nurse charted a vaginal examination done by Dr. Ward as 7cm/100% effaced/-3 station. However, at about 13:30 hours the same vaginal examination was charted by Dr. Ward as 7cm/100% effaced/ballotable station; in other words, the baby's head was floating outside of the maternal pelvis. The fetal heart tones were charted by Dr. Ward to be in the 150s, with variable decelerations to 130s, contractions per tocomometer every two minutes, and fetal monitor status "reassuring."

At 13:15 the patient requested Demerol, and at about 13:35 Demerol and Compazine were given intravenously.

At 14:00, 14:15, 14:30 and 14:45, "minimal" variability was charted. At 14:00 the patient was repositioned. The nurse charted at 14:00, "FHT's not recording well, 140s to 150s minimal variability, decel noted ?? 120s lasting 30 to 40 seconds. Toco and electronic fetal monitor readjusted."

At 14:19, AROM (artificial rupture of membranes) was performed by Dr. Ghazal, with thick meconium noted, vaginal exam reportedly 8-9cm/100% effaced/0 station. However, the attending Dr. Pickens, shortly after about 14:30 stated on vaginal exam that the baby was at the -2 station.

The monitor tracing at the time of the artificial rupture of membranes by the resident Dr. Ghazal at about 14:19 (panel 24568), showed exaggerated variability in the 90s to 140s, immediately followed by deep variable decelerations below 60 bpm and lasting greater than 60 seconds at 14:20 and 114:22, with minimal to absent variability. At 14:25 the Progress Notes state, audible decel noted 50 to 60s lasting three to four minutes, position changed, oxygen mask placed, iv bolus given, Dr. Ward in, SVE 8-9cm/100%/0 station. From about 14:23 through 14:51 there are approximately 11 repetitive, severe variable decelerations/ late decelerations and with minimal to absent variability.

At 14:30, Dr. Ward charted FHT baseline 150s, deceleration to 60s times five minutes after rupture of membranes, good return to baseline, severe variable decelerations every (q) contraction, toco (contractions ) every (q) 2 minutes, start Al (amnioinfusion), Dr. Pickens aware.

An untimed note thereafter indicates that Dr. Pickens reviewed the above notes, that fetal heart tones improved since "SROM" (spontaneous rupture of membranes), vaginal exam 8-9 cm/vertex -2 station, anticipate vaginal delivery. Because fetal station does not proceed up the birth canal with regular uterine contractions (which were charted and which are apparent on the monitor tracing) the artificial rupture of membranes was likely performed by the resident at around the -2 station, which was followed by the severe variable decelerations noted by Dr. Ward, and which are also apparent on the monitor tracing.

According to the monitor tracing, an intrauterine pressure catheter was placed at about 14:27 hours at panel 24571. Amnioinfusion was started at about 14:39 according to the Progress Notes.

At 14:41 Dr. Ward and Dr. Fayazi were bedside, and variable decelerations are charted to be present, "variables noted ?? down to 40s-50s with slow return to baseline lasting 1 -1 1/2 minutes." Vaginal exam at 14:41 again confirmed that the station of the baby's head was above the ischial spines, at -1 station, "SVE 7-8 cm/100 % effaced/-1."

The monitor tracing shows repetitive severe variable and/or late decelerations after the artificial rupture of membranes by Dr. Ghazal at approximately 14:19, through delivery. Variability with the contractions is minimal to absent. At 15:01, the mother was pushing with Dr. Pickens present. At about 15:24 the IUPC was discontinued.

At 15:40 the baby was delivered (vacuum assisted delivery) by Dr. Pickens. The untimed Delivery Note of Dr. Pickens states, "vacuum assisted vaginal delivery of an apparently normal female, 9lb 15oz, 4505g., at 15:40 hours. Tight nuchal cord cut on perineum. CAN x3. Infant to peds. Apgar 1-2-8. Placenta cord normal, to lab. Complications zero. Estimated blood loss 400cc with methergine."

Dr. Homer Ryan was present at the delivery to attend to the newborn. The first Apgar score at one minute of life was scored as 0, then written over as 1 for color. However there was no heart rate. At five minutes of life, the baby had a score of 1 for heart rate (less than 100 bpm) and a total score of 2. The baby required resuscitation with endotracheal tube, and umbilical cord gases were pH 6.93, pO2 13, pCO2 84, base excess -16, consistent with severe and acute metabolic acidosis. The record indicates six minutes to first gasp. The neonatal Transfer Notes written by Dr. DeLeon, indicate that baby girl Nicaya Rembert was admitted to the NICU after being extubated, following resuscitation with intubation, bagging and chest compressions. Initial capillary blood gases were pH 7.15, pCO2 27, pO2 48, base excess -17.8. She was given sodium bicarbonate. Her initial blood glucose was 0 (zero) and was given intravenous D10w with repeat blood sugar 53mg/dl. Her birth weight was 4.5 kg. The Impression included, "term large for gestational age baby girl, low Apgar score, Hypovolemia, Hypoglycemia, Metabolic Acidosis." Meconium stained fluid and nuchal cord were noted at delivery.

Plaintiffs alleged that Nicaya has brain damage as a result of and caused by the intrapartum hypoxic-ischemia which developed at or about 14:19 with AROM, and worsened through the remainder of labor until delivery at or about 15:40 and which condition was exacerbated thereafter, with hypovolemia and ongoing metabolic acidosis in the first hours of life until transfer to Children's NICU.

PLAINTIFF EXPERT WITNESSES: Barry David Pressman, M.D. Neuroradiology, Los Angeles, CA; Ronald Gabriel, M.D., Pediatric Neurology, Los Angeles, CA; Dr. Edward K. Chung, Pediatrics, Concord, MA; Dr. Robert J. Lerer, Pediatrics, Causation, Fairfield, OH; Dr. Carolyn Crawford, Neonatal Medicine, Camden, NJ; Karen Sue Rugg, R.N.; Albert J. Phillips, M.D., Obstetrics & Gynecology, Santa Monica, CA; Zane Brown, M.D., ob/gyn, Seattle, WA

COURT: Rembert v. Sinai Hosp. of Greater Detroit, No. 09-010631NH (Wayne County Circuit Court of Michigan June 16, 2011)

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956346)



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Date: February 13th, 2012 12:10 PM
Author: Carnelian cowardly dilemma

One must accept that Medical care will never be flawless. Punishing for the flaws is bullshit, especially when overcompensating to 'make whole.'

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956363)



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Date: February 13th, 2012 12:11 PM
Author: obsidian odious international law enforcement agency

It's pretty conclusive that they can never be made truly whole, so why not err on the side of caution and compensate generously?

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956368)



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Date: February 13th, 2012 12:12 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

Topic: EMERGENCY DEPARTMENT -- FAILURE TO CONDUCT CT-SCAN IN TIMELY MANNER -- FAILURE TO TIMELY ADMINISTER THROMBOLYTIC MEDICATION -- 28-YEAR-OLD MALE SUFFERS SIGNIFICANT RIGHT SIDE DEFICITS -- DIFFICULTIES COMMUNICATING -- INABILITY TO WORK

Result: $ 1,500,000 RECOVERY

State: New Jersey

County: Atlantic

Plaintiff Attorney: Robert Paarz

Facts: This action involved a 28-year-old man who contended that the defendant emergency department physician negligently failed to appreciate that the patient, who presented with classic signs of a stroke, was in need of clot busting medicine within a three-hour window. A CT-Scan must rule out bleeding in the brain, which renders the use of the plasminogen activator contraindicated and the result of the CT-scan returned a-half an hour beyond this window, preventing its effective use. The plaintiff contended that the failure to timely administer the medication increased the risk to the patient and was a substantial factor in the extent of right sided deficits that causes some curling of the right hand, occasions a limp and which renders it difficult for the plaintiff to communicate. The plaintiff, who had been employed a construction estimator, contended that he will permanently be unable to work.

The evidence disclosed that the plaintiff was brought to the emergency room shortly after playing hockey upon suddenly developing an inability to speak and facial drooping. It was subsequently determined that the plaintiff suffered an undiagnosed heart defect that rendered him vulnerable to the throwing of clots. Surgery has been performed which alleviates the risk of clots in the future.

The defendant contended that it would not be expected that a man in his late 20s with no history would be presenting with signs and symptoms of a stroke and the defendant would have denied that the treatment violated the standard of care. The plaintiff countered that the plaintiff's signs and symptoms were clearly reflective of a stroke and the plaintiff elicited testimony from the defendant that he believed early on that the plaintiff might well be suffering a stroke. The plaintiff would have argued that based upon this awareness, the defendant should have clearly expedited the taking of the CT-scan to rule out the possibility of bleeding in the brain, which would have rendered the use of the clot buster contraindicated. The plaintiff would have argued that it was likely that the defendant failed to adequately appreciate that time was of the essence and treat the situation accordingly.

The defendant also maintained that the use of tPA is controversial because of its potential to cause internal bleeding and that the failure to use it could well be justified. The plaintiff countered that in his deposition the defendant had agreed that he would have used the drug if the CT-scan had not returned approximately a-half an hour after the expiration of the three hour window in which the drug will be effective.

The plaintiff maintained that he has been left with a right sided deficit that involves some curling of the right hand and which also causes a moderate limp. The plaintiff has also been left with extensive difficulties communicating. The plaintiff had been employed as an estimator in the construction industry and the plaintiff contended that he is permanently unemployable.

The defendant had $ 2,000,000 in coverage. The case settled prior to trial for $ 1,500,000.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#19956373)



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Date: March 9th, 2012 4:28 PM
Author: Haunting Razzle Hall

Caps on damages are not the answer. Caps on attorneys' fees are the answer.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20163917)



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Date: March 9th, 2012 4:28 PM
Author: Cobalt Wonderful Gas Station Gay Wizard

Elaborate, you piece of shitlib.

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20163921)



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Date: March 9th, 2012 4:29 PM
Author: obsidian odious international law enforcement agency

Seconded

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20163929)



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Date: March 22nd, 2012 10:15 AM
Author: Carnelian cowardly dilemma

cap attorney fees, reduce the number of attorneys willing to take on cases, and in turn reduce the total number of cases

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#20266696)



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Date: November 23rd, 2014 9:35 PM
Author: vigorous friendly grandma

slim_shady_man KILLED IT in this thread

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#26781670)



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Date: November 23rd, 2014 9:37 PM
Author: Yellow Trust Fund

basically

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#26781681)



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Date: October 2nd, 2015 1:11 PM
Author: Cobalt Wonderful Gas Station Gay Wizard



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28884390)



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Date: November 23rd, 2014 9:42 PM
Author: sticky lodge crotch

ever day i pour out a lil labatt for my friend

(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#26781726)



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Date: September 16th, 2015 3:14 PM
Author: Aphrodisiac brilliant state



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28768211)



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Date: October 2nd, 2015 4:31 PM
Author: Turquoise Really Tough Guy Roast Beef



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28885799)



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Date: October 2nd, 2015 5:58 PM
Author: diverse quadroon native



(http://www.autoadmit.com/thread.php?thread_id=1872914&forum_id=2#28886341)