A Medical Negligence Lawsuit Ends With a $5.8 Million Arbitration Award
This medical negligence action was submitted to binding arbitration pursuant to the Kaiser enrollment agreement entered into by decedent’s employer. The single neutral arbitrator was Hon. Leslie NIchols (Ret.) at ADR Services, Inc.
Claimants’ decedent, then 37 years-old presented to Kaiser Urgent Care Clinic on 12/29/17 complaining of fever and chills, nausea and vomiting since the day before. He also complained of right collarbone/shoulder pain and bruising starting the day before, and didn’t know how it happened per the Dr.’s note, and that he possibly injured at work per the nurse’s note. He reported having had clam chowder the night before and wondered if that could be cause as nausea and vomiting. His temperature was 101.7 and his pulse was 111 when measured at Urgent Care. The doctor recorded a normal heart rate without specifying the number, and noted slight collarbone tenderness with normal range of motion at the shoulder. The doctor diagnosed flu-like illness, gastroenteritis, and a shoulder contusion, and discharged decedent home. Decedent continued feeling poorly over the next two days. On 1/1/18, he called a home IV service, which sent a nurse to his home to administer fluids. At that time, the temperature had risen to 103.6, his pulse remained elevated, and his shoulder and upper chest area were red. Per the nurse’s instructions, decedent’s wife took him to the emergency department. Shortly thereafter, decedent was diagnosed with probable necrotizing fasciitis. He was started on IV antibiotics and taken to surgery that night for extensive debridement. All of the visibly infected tissue was removed. However, by the conclusion of surgery decedent was in septic shock, and, despite the administration of pressor drugs to support blood pressure, his circulation could not be maintained. Decedent died on 1/3/18 approximately 36 hours after admission. An autopsy found the cause of death to be septic shock due to necrotizing fasciitis from Group A Streptococcus.
Claimants contended that the urgent care physician employed by respondent negligently failed to refer decedent to the emergency department for further workup because his temperature and elevated pulse met the Systemic Inflammatory Response Syndrome (“SIRS”) criteria, and, in combination with his unexplained shoulder/collarbone pain and bruising which started around the same time as the fever, chills, nausea and vomiting, should have raised suspicion for possible soft tissue infection. Claimants further contended that, had the referral to the Emergency Department been made, decedent would have been admitted to the hospital, and abnormal diagnostic test results would have led to prompt IV antibiotics and debridement surgery within 12 to 18 hours, which would have saved decedent’s life. Respondent claimed that the urgent care doctor’s evaluation and diagnoses were reasonable given that it was flu season and decedent had normal range of motion of his right arm and shoulder. Respondent further claimed that it could not be proved to a reasonable medical probability that the outcome would have been different if the urgent care doctor had referred decedent to the Emergency Department on 12/29/16.
Decedent was survived by his wife and two children, ages 11 and 9 at the time of their father’s passing. At the time of decedent’s death, he was employed as the vice president of a company that provided sound equipment, lighting, stages, etc. for concerts and other large events. The company was subsequently sold. Claimants presented evidence, which respondent disputed, that, if claimant had survived, his current salary would be $225,000 per year. Claimants served a C.C.P. section 998 Offer to Compromise in the amount of $3,999,999. Respondent made no offer. The arbitrator awarded $5,627,281 in economic damages plus the statutory maximum of $250,000 in non-economic damages for a total award of $5,877,281, plus pre-judgment interest and expert witness fees.
