Wrongful Death Case Results

Wrongful Death of Child - $ 2,250,000 Settlement

Walkup wrongful death trial lawyers represented the parents of a 14-year-old eighth grader who drowned in an East Bay public pool when three lifeguards on duty failed to see him submerged in 6 feet of water. The swim center, operated by the local park district, was supposed to have provided competent lifeguards. The drowning occurred during a junior high school year-end picnic. At the time, dozens of eighth graders were in the pool. In spite of accepted industry standards obligating life guards to scan their assigned pool zone every 30 seconds or less, none of the three lifeguards ever saw the youngster despite the fact he was directly in front of them. At deposition, none of the lifeguards were able to explain how the drowning occurred, or why they did not see the boy sooner. One of the junior high school students, not a lifeguard, was the first person to notice that our clients' son was under the surface of the water. The boy was the oldest of five children. The case was settled for $2,250,000 following an all-day mediation.

Auto vs. Truck Collision - $1,265,000 Settlement

Our automobile accident attorneys obtained a settlement in the amount of $1,265,000 on behalf of the mother, wife and children of a 38-year-old Daly City resident killed when his car was struck by defendant's truck. Our clients loved one, who worked at the San Francisco Public Library, was riding as the passenger in a car driven by a friend. The friend lost control of and rolled his vehicle, ending up in the middle of the number one and two lanes of southbound I-5. During the rollover, a dust ball was kicked into the air, obscuring the vision of oncoming drivers. All of the oncoming traffic except for the defendant truck driver slowed. The defendant's truck barreled into the car our clients husband was riding in at more than 40 miles an hour. Experts retained by our auto liability lawyers testified that the truck driver's reactions were too slow, and his vehicle speed too fast, for prevailing conditions. The defense contended that the truck driver was faced with an emergency and that his efforts to avoid the collision were as good, or better, than anyone might expect. The case was settled at a mediation just prior to trial.  

Debris On Highway - $1,900,000 Settlement For Death In Head-On Collision

Our wrongful death auto accident team recovered $1,900,000 on behalf of the husband and three adult children of a wife and mother who was killed while driving home from her nursing job at a local hospital. This head-on collision occurred on a curvy, undivided, two lane section of highway 116 between Petaluma and the town of Sonoma. Both drivers’ were killed as a result of the collision. Defendants blamed the accident entirely on the negligent driving of the vehicle that crossed the centerline and struck the decedent. However, the post accident CHP investigation identified multiple plastic containers littering the roadway in the vicinity of the accident scene, which had spilled kerosene across the roadway. Through pre-trial discovery Doug and Doris established strong circumstantial evidence that the containers belonged to the defendant disposal company, who vigorously denied ownership or control. Discovery also revealed that several years prior to this collision Caltrans had studied this roadway and recommended several changes to decrease the likelihood of just such a head-on ollisions. As of the date this accident Caltrans had not put into place any of its own recommendations.

Failure To Treat Malignant Hypertension - $950,000 Settlement

Our wrongful death attorneys, working with specialists in the field of emergency room medicine and internal medicine, negotiated a wrongful death settlement of $950,000 on behalf of surviving the husband and daughter of a 37 year-old school teacher who died from untreated hypertension. The decedent had given birth to her daughter just days before presenting to Defendant emergency department with extremely high blood pressure. The cause of the blood pressure was left untreated. Depositions of the nursing staff revealed that they repeatedly and unsuccessfully tried to warn the physician on duty of the elevated blood pressure. The prolonged failure to treat the condition resulted in a massive intracerebral hemorrhage and brain death. Following percipient witness discovery, the case settled at a second session of mediation. Non-economic damages were limited to the artificial and unfair MICRA $250,000 cap. The survivors claimed in excess of 1,000,000 in lost support. The settlement proceeds apportioned to the infant daughter were structured so as to provide monthly and annual payments for the course of her life.

Bus Accident - $1,139,700

Our bus accident and transportation team successfully recovered wrongful death damages in the amount of $1,139,700 on behalf of the seven adult children of a sixty year old mother killed when the bus she was taking from Arizona to Mexico experienced brake failure as it descended a freeway off ramp in Phoenix. The high speed crash also killed the driver and severely injured several other passengers. The bus company had a principal place of business in Los Angeles, and the lawsuit was successfully filed and kept in Los Angeles Superior Court. Shortly after the lawsuit was filed the defendant company declared bankruptcy. Plaintiffs obtained a relief from the bankruptcy stay by stipulating that the amount of any recovery would be limited to the amount of the insurance policy limits of 5 million dollars. As the case progressed through discovery, the bankruptcy attorney for the Trustee filed an interpleader claiming that the insurance proceeds were assets of the estate. Our attorneys immediately recognized that the interpleader, if unopposed, would significantly diminish the policy limits because bankruptcy laws gave the Trustee and the bankruptcy attorneys priority of payment over the injury claimants, and filed an opposition to the interpleader complaint. The settlement was negotiated while a ruling on the opposition was pending.

Uterine Rupture - Infant Death

The Walkup law firm medical malpractice/obstetrical injury lawyers resolved this birth injury case, in a confidential amount, on behalf of the parents of a 2-day-old infant who died after his mother's uterus ruptured during labor. The mother was admitted to the hospital with contractions, but was sent home several hours later because the nurses felt she was not progressing. Once home, she began to experience severe abdominal pain. By the time doctors realized that the infant was outside the uterus in the abdominal cavity, an emergency cesarean section was unsuccessful in delivering the baby before it suffered severe compromise. The child died two days later. Our attorneys demonstrated that the mother should never have been sent home from the hospital, and that had she been monitored properly, her impending uterine rupture would have been recognized, and a timely cesarean section would have been performed. The claim of our clients sought damages for the wrongful death of their daughter as well as the mother's personal injuries.

Death of husband and father - mismatched car and trailer - $5,250,000 settlement

Our product liability lawyers negotiated a cash and annuity settlement having a present value of $5,250,000 on behalf of the surviving widow and two minor children of a 42-year-old fire captain who was killed when his SUV rolled over on Highway 50 while pulling an "Ultralight" travel trailer. Plaintiffs claimed that the defendant motor home retailer inappropriately sold the family a trailer which was too large to be safely pulled by their small SUV. Plaintiffs also claimed that the retailer failed to advise them that if the travel trailer were loaded to its maximum capacity (as specified by the trailer manufacturer) the trailer would weight 1,400 pounds more than the maximum weight recommended by the SUV manufacturer. While traveling on Highway 50, passing a semi-truck, the trailer was hit by a gust of wind causing it to fishtail, go out of control, and roll over, pulling the towing SUV with it. Defendants claimed that had the decedent read the owner's manual for his vehicle and the trailer he would have observed warnings in both manuals regarding overloading, and, by weighing the vehicles he could have avoided the situation which produced his death. The settlement was reached after three mediations.

Propane Explosion - Wrongful Death of 4 Year Old/Injuries to Parents - $52,000,000 Jury Verdict

On January 20, 1996, at approximately 6:30 a.m., an explosion and fire occurred at the temporary residence of a Nevada family. In the explosion, the family's daughter aged 4, was killed. Her parents and her 5-year-old brother were badly burned. Walkup's fire and explosion wrongful death litigators proved the fire and explosion were the result of a liquid petroleum gas leak when the father attempted to light a furnace which had gone out during the night. The subsequent fireball entrapped all four victims and completely destroyed the 8 x 30 foot travel trailer the family was using as a residence. After three difficult years of litigation, the case proceeded to trial where the jury returned a unanimous verdict awarding the family a total of $52,135,000.

Defective Car Seat Belt - $5,769,000 Jury Verdict

Our wrongful death trial lawyers obtained a jury verdict in Los Angeles Superior Court of $5,769,000 against Honda Motor Corporation on behalf of the surviving wife and two children of a 43-year-old man killed when his seat belt failed to properly restrain him in a low speed accident. The collision, which produced only minor damage to his vehicle, nonetheless resulted in fatal injuries when his seat belt fractured his ribs, punctured a lung, and lacerated his spleen. The other driver in the accident was not hurt. Using experts in the field of car engineering and design, forensic economists, and medical experts, our wrongful death trial lawyers showed that the design of the car was faulty, and caused the wrongful death. The verdict followed a three week trial, and at the time, was one of the largest in California for an automobile seat belt defect. The recovery included compensation to the heirs for the loss of the love, care and society of the decedent, as well as a sum to compensate them for his lost future earnings.

Helicopter Crash - $3,100,000 Wrongful Death Settlement

Our aviation litigation team negotiated a settlement in the amount of $3,131,000 on behalf of the heirs of a 41-year-old helicopter ski guide who was killed when the helicopter in which he and three clients were riding crashed in the Ruby Mountains near Elko, Nevada. Our aviation wrongful death attorneys were able to prove that the crash was caused by a flameout in the helicopter's jet engine as a result of defective design of its air inlets. Our wrongful death team also proved that the company which chartered the helicopter was negligent in its maintenance procedures and its failure to install proper engine inlet covers whenever the helicopter was grounded in snowy conditions. Our clients were the surviving wife and 2-year-old son of the deceased.

Vehicle Collision - $3,000,000 Settlement

Our automobile accident wrongful death attorneys obtained a settlement comprised of both cash and future annuity payments, having a present cash value of over $3,000,0000, on behalf of the survivors of a 42-year-old man who was fatally injured when his truck struck a guardrail at a rural bridge crossing. On the morning of his death, the decedent's pickup truck drifted across the center lane of a two lane road. After correcting back into his own lane, he struck and slid along a metal guardrail, which led to a bridge abutment. As he approached the bridge, there was a gap between the guardrail and the bridge rail. At the point of the gap, the front of the truck struck the abutment, which impaled the vehicle and its driver. Our wrongful death team demonstrated that the guardrail and bridge were not built in accordance with the original plans or specifications. The recovery included the future value of the decedent's wages, benefits and household services, as well as a sum to compensate his heirs for the loss of his care, comfort and society.

Private Plane Crash - $3,000,000 Wrongful Death Settlement

Our aviation litigators obtained a $3,000,000 settlement on behalf of the widow and two surviving children of a 45-year-old missionary who died in a plane crash in Mexico. While traveling on a missionary relief effort, the cam shaft gear broke in the plane which the decedent was piloting. The Walkup wrongful death litigators successfully brought a wrongful death claim against the manufacturers of the engine, demonstrating that the engine contained both design and manufacturing flaws.

SUV Rollover -- $2,900,000 Settlement

Our vehicle stability team negotiated a settlement in the amount of $2,900,000 against the makers of the Chevrolet Blazer for the surviving husband of a woman who was killed when her Blazer overturned in a single car Northern California accident. Our client's wife was driving to work when she inadvertently left the road surface, and in the process of correcting back onto the roadway, she overcorrected and her vehicle overturned. During the three rolls which followed, the roof collapsed and she sustained fatal head injuries. Our attorneys demonstrated that the vehicle, as designed, was not sufficiently stable to protect drivers who found themselves in foreseeable and expected emergency driving maneuvers. The settlement was paid both in cash and in annuities. Under the terms of the court approved annuities, the woman's surviving son will be provided periodic payments to cover the cost of high school and college, and to provide security to him as a young adult.

Cross-Median Accident - $2,750,000 Settlement

Our automobile accident attorneys obtained a settlement in the amount of $2,750,000 on behalf of the surviving wife and children of a 39-year-old San Francisco businessman who died when his car was struck head-on by another vehicle that had catapulted over the center divider of northbound Highway 101. The accident occurred when a Jeep, traveling in the opposite direction, lost control and climbed up and over the median, striking our client's husband. The settlement was contributed to both by the offending driver and the State of California. Our lawyers proved that the other driver was negligent, and that the median divider, as designed and built, was in violation of State of California design requirements.

Dangerous Tree Fall - Death of 54-Year-Old Wife and Mother - $2,700,000 Settlement

Our wrongful death attorneys obtained a $2,700,000 settlement on behalf of the husband and two adult children of a 54-year-old woman who was killed when a Monterey pine tree fell on her car as she drove in San Francisco. Our wrongful death specialists were able to prove that the owner of the adjacent property, from which the tree fell, had conducted inspections in the past and knew that such an incident was potentially likely to occur. The professional management company responsible for maintaining the trees claimed that the tree tragedy was a "freak accident." Our wrongful death lawyers were able to find a former manager of the apartment complex from where the tree fell who testified that she had requested funds on more than one occasion to have the dangerous trees removed.

Defective Hot Tub - $2,500,000 Wrongful Death Settlement

Our attorneys negotiated a settlement in the amount of $2,500,000 on behalf of the parents of a 4-year-old girl who was burned over 80% of her body while bathing in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The settlement was paid by the manufacturer of the hot tub.

Big Rig Head-On - $2,000,000 Settlement

Our truck accident team negotiated a settlement in the amount of $2,000,000 on behalf of the surviving wife and two children of a 42-year-old man who died when his automobile was struck head-on by a semi-truck on State Route 65 outside of Lincoln, California. Our clients sought recovery for future and lost earnings as well as for the loss of love, comfort and society of their husband and father. As part of the settlement, our attorneys also worked with the worker's compensation carrier for the decedent. The case was settled after being filed in Sacramento County Superior Court.

Commercial Air Crash - $2,000,000 Wrongful Death Settlement

Our airline wrongful death litigation team obtained a settlement in excess of $2,000,000 on behalf of the grandparents of a 7-year-old child who died on Alaska Airlines Flight #261 when the plane crashed en route from Puerto Vallarta, Mexico to San Francisco. Our wrongful death lawyers, working in conjunction with attorneys for other plaintiffs in the case, proved that Alaska did not take all necessary measures to perform required maintenance, overlooked signs of potential problems, and thereby assumed responsibility for the deaths.

Unsafe Scaffold - Wrongful Death - $2,000,000 Settlement

Our construction litigation team obtained a cash and annuity settlement with a value in excess of $2,000,000 on behalf of the survivors of a sheet metal worker who fell four stories to his death through a defective scaffold railing at a construction site near San Francisco, California. The decedent was working as an independent contractor on a re-roofing project at a large private residence. Our attorneys demonstrated that the building, which had been entirely scaffolded by a subcontractor, was in an unsafe condition. Using experts in construction site management, scaffold erection, and forensic economics, our wrongful death attorneys proved that the scaffold and its cross-arms has not been properly secured and that it was this error which resulted in the decedent's death.

Failure to Provide and Maintain Smoke Alarms - Death of 31-Year-Old Woman - $2,000,000 Settlement

Our wrongful death premises liability specialists obtained a settlement in the amount of $2,000,000 against a property manager and building owner who were responsible for the maintenance of an apartment's smoke alarms. Our client's wife was killed in a fire at the rented apartment when a fire broke out. No smoke alarm sounded. Fire investigators determined that there were no batteries in any of the smoke alarms of an un-burned "mirror-image" unit upstairs. Our attorneys claimed that the failure to check the batteries, and make sure that all smoke detectors where operative, was negligent. Because the smoke alarms were not functioning, the decedent was not awakened until the fire had consumed most of the apartment and the only exit door had been sealed by melted plastic from a wall mounted doorbell chime.

Residential Fire - $1,500,000 Settlement

Our premises liability team represented the mother and father of a 23-year-old college student who needlessly and tragically died when the rented apartment in which he slept, owned by a Bay Area landlord, burned because the landlord negligently left a sofa over a floor furnace and failed to equip the home with functioning smoke detectors. Our attorneys proved that the landlord, who owned more than 60 properties, had failed to make required and proper inspections, and to make certain that smoke detectors were in working order. After the fire, our attorneys, through investigators, demonstrated that not a single operational smoke detector was present on the second floor of the dwelling unit where our clients' son perished. The settlement, in the amount of $1,500,000, was paid by the insurance company for the property owner.

Police Misconduct - $1,500,000 Settlement

Our wrongful death specialists negotiated a settlement in the amount of $1,500,000 against a local police department for the wrongful death of a bank executive who was mistakenly arrested for being drunk in public. In fact, the decedent had fallen and suffered from a subdural hematoma. Under the police department's then-existing policy, "suspected drunks" were placed in holding cells until they sobered up. After the deceased could not be roused after five hours in a district station, medical personnel were summoned, but it was too late to prevent his death from global brain damage.

Failure To Diagnose Bladder Cancer - Wrongful Death -$1,300,000 Settlement

Walkup's Kaiser Malpractice attorneys negotiated a settlement in excess of $1,300,000 on behalf of a widow and two surviving children of a man who over a period of more than two years, was repeatedly misdiagnosed with urinary tract infections instead of cancer.

The man reported to his primary care Kaiser physician complaining of frequent, painful, and bloody urination. Although his symptoms suggested the possibility of bladder cancer, however his Kaiser physician was convinced the problem was related to aging and an enlarged prostate. Kaiser sent the man home with medications to help with the patient's symptoms. Over the next two years, he repeatedly returned to Kaiser with no improvement in his bladder condition. Kaiser was given repeated opportunities to diagnose and begin treating the man's bladder cancer, which was developing at a rapid rate. By the time doctors finally diagnosed the man's bladder cancer it was in stage IV and had already metastasized to his other organs. The settlement was reached prior to mediation and consisted of both an annuity and lump sump cash payment.

Failure to Appreciate Results of Blood Pressure Test - Death - $946,616

Walkup attorneys obtained a binding Kaiser arbitration award in the amount of $946,616 on behalf of the surviving heirs of a Kaiser member who suffered a heart attack at age 48. The decedent, a long time public servant in Contra Costa County, was running for assessor at the time of his death. Five weeks prior, he had undergone a 24 hour Holter monitor evaluation (the equivalent of a 24 hour EKG) because of irregularities noted during a routine blood pressure check. The Holter study indicated signs of ischemia (insufficient blood supply) to the heart. His survivors contended that Kaiser Walnut Creek physicians should have followed up on the Holter monitor results immediately and that a proper workup, including a thallium treadmill examination, would have resulted in a diagnosis of severe coronary artery disease and permitted timely bypass surgery.

Kaiser disputed liability, claiming that the findings reflected on the Holter monitor tracings were not diagnostic and were, in fact, insignificant. Kaiser also claimed that bypass surgery would not have prevented the fatal heart attack. The case was arbitrated for five days before a panel of three arbitrators. The award of damages included past economic loss of $128,000 and an award of $598,500 reflecting the present cash value of future economic losses. General damages for the wrongful death of this husband and father were limited by MICRA to $250,000.

Heart Catheterization Mistake - Death - $850,000 Settlement

Walkup attorneys negotiated an $850,000 settlement of claims brought by a deceased patient's wife and two adult children for the wrongful death of a 56-year-old engineer following arterial rupture during a routine angioplasty. The patient presented to Kaiser South San Francisco's ER complaining of chest tightness and chest pressure. He received nitroglycerin, quickly stabilized and was determined to be a suitable candidate for cardiac catheterization, which was performed later that day at Kaiser San Francisco. The patient elected angioplasty procedure over bypass surgery. The cardiologist performed an angioplasty on the proximal left anterior descending artery, entering with various catheters, balloons and stents. The stent did not expand fully against the vessel wall, though, so the doctor replaced the balloon with a slightly larger, non-compliant type, and inflated it to a higher pressure. This attempt was also unsuccessful, as was the second effort to expand the stent. A third effort was made, after which the patient began complaining of chest pains. Some 10 minutes later, a perforation in the left anterior descending coronary artery was recognized, and the patient's vital signs collapsed. Resuscitation efforts were unsuccessful. The member alleged that the stent used in the procedure was too large and that the doctor doing the procedure did not have adequate experience. The settlement in this case included the statutory maximum amount allowed under MICRA for non-economic damages, as well as compensation for lost wages.

Death Resulting from Kaiser Permanente Failure to Monitor Following Brain Surgery- $575,000 Settlement

Attorneys at Walkup, Melodia, Kelly & Schoenberger obtained a settlement in the amount of $575,000 on behalf of the heirs of a 62-year-old Kaiser member who died due to a failure by Kaiser Redwood City nurses to adequately monitor his neurological status following brain surgery.

The member underwent a resection of the third ventricle to remove a tumor. He came through the procedure in stable condition, but developed increased intracranial pressure during the night following surgery. Nurses failed to adequately monitor his neurological status as required by existing protocols, and the swelling of his brain was not reported to the member's neurosurgeon until the following morning. That physician attempted to reduce the pressure caused by the swelling by performing an emergency shunt procedure, but it was too late, as the increased intracranial pressure had caused irreversible global brain damage. The member was comatose until his death three days later.

Failure to Diagnose Deadly Cervical Cancer - Wrongful Death

Our medical malpractice lawyers successfully concluded a case on behalf of the two surviving daughters of a 35-year-old woman who died of cervical cancer. Our attorneys proved that both the woman's primary care physician, and a laboratory which failed to follow up properly on biopsy slides, were responsible for the failure to diagnose and treat cervical cancer in its early stages. Through the testimony of experts in pathology, our attorneys demonstrated that pap smears were under-reported. Experts in cytology testified that the laboratory should have brought these abnormalities to the attention of the primary care physician. The confidential settlement included an initial cash payment and future installment payments to cover the surviving children's educational and other maintenance expenses through age 23.

Uterine Rupture - Infant Death

Our medical malpractice wrongful death lawyers resolved a birth injury case, in a confidential amount, on behalf of the parents of a 2-day-old infant who died after his mother's uterus ruptured during labor. The mother was admitted to the hospital with contractions, but was sent home several hours later because the nurses felt she was not progressing. Once home, she began to experience severe abdominal pain. By the time doctors realized that the infant was outside the uterus in the abdominal cavity, an emergency cesarean section was unsuccessful in delivering the baby before it suffered severe compromise. The infant died two days later. Our attorneys demonstrated that the mother should never have been sent home from the hospital, and that, had she been monitored properly, her impending uterine rupture would have been recognized, and a timely cesarean section would have been performed, and the baby's life was saved.

Failure to Diagnose Pelvic Fractures - Wrongful Death

Our medical malpractice wrongful death specialists successfully represented the wife and adult child of a 48-year-old junior high school principal who died of complications from undiagnosed pelvic fractures after a fall. Our attorneys demonstrated that x-rays taken at the time of his initial treatment were misinterpreted and that, as a result, he developed pulmonary emboli which ultimately caused cardiac arrest. The defendant hospital and its physicians claimed that the original injuries from the fall were by themselves sufficient to produce death, and that the failure to correctly interpret the x-rays was not negligent. The amount of the settlement, confidential in nature, included the maximum amount available for general damages representing loss of care, comfort, society and love, as well as an amount equal to the present cash value of the decedent's lost future wages, earnings, support and benefits.

Falling Store Display - Wrongful Death of 3-Year-Old Child

Our wrongful death specialists obtained a settlement in a confidential amount, including both cash and future annuity payments, on behalf of the parents of a 3-year-old child killed when a display fell on her at the defendant's store. The child was present at the home center store with her grandmother when the accident occurred. The store owner claimed that the accident was caused by the grandmother for failing to supervise the child. The display which fell incorporated a door jamb and was advertising the availability of replacement home doors. Our attorneys proved that the child's actions had not in any way increased or caused the problem, but that the display made it likely it would fall on any adult patron who brushed against it.

Defective Heart Stent - Confidential Settlement

Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently invented stent. The stent caused a massive blood clot, which resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who showed that the manufacturer's pre-market investigation and testing were inadequate, and that the instructions given to operating surgeons regarding the use of blood thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.

Police Shooting - Wrongful Death Settlement

Our wrongful death attorneys obtained a settlement on behalf of the surviving parents of a 20 year old woman who was killed by police gunfire while she sat in the back seat of her car. Police had stopped the vehicle in order to speak with her boyfriend who was seated alongside her. The police claimed that the vehicle was moving, in an attempt to escape, when shots were fired. Our wrongful death team proved, through the use of expert witnesses, that the vehicle was not moving, and that the police violated their internal shooting manuals, as well as standard police training, in discharging their weapons at the unarmed vehicle occupants.

Failure to Monitor Bed Sores - Confidential Wrongful Death Settlement

Our elder abuse team successfully settled a wrongful death claim, on behalf of the son and daughter of a 79-year-old woman who passed away as a result of septic infection caused by undiagnosed and untreated bedsores. The settlement, in a confidential amount, was brought under California's Elder Abuse statutes. It included recovery for the pre-death pain and suffering of the decedent, attorney's fees, and other damages in order to properly compensate the heirs for what their mother had endured. Our attorneys, working with specialists in the field of senior-nursing, demonstrated that proper and prudent observation of the decedent's worsening condition would have resulted in a timely diagnosis, hospitalization at an inpatient facility, and a cure of her overwhelming infection before it became untreatable and fatal.

Highway Patrol Chase - Wrongful Death Jury Verdict

Our wrongful death police liability specialists obtained a jury verdict in Santa Clara Superior Court against the California Highway Patrol for the death of a husband and father which resulted from a high-speed chase that covered more than 50 miles. Our attorneys brought suit against the Highway Patrol after they chased a suspect from Contra Costa, across the Golden Gate Bridge, down Highway 280, to San Jose, where he collided with a car containing the decedent, on his way home from work. Our attorneys demonstrated that the CHP officers violated internal policy and procedure manuals, and exposed the public to great danger by instigating a high speed chase when the "suspect" was wanted for nothing more than a traffic violation. (As a result of this verdict, the legislature changed State law to immunize police departments from chase liability.)

Emergency Room Failure to Diagnose Epiglottis - Death

Walkup attorneys obtained a settlement in a Kaiser Arbitration Proceding for the wrongful death of a man who suffered a hypoxic brain injury and died following a misdiagnosis at Kaiser Vallejo's Emergency Room. The man arrived at the Kaiser emergency department complaining of a high fever, severe sore throat and difficulty swallowing and breathing. These symptoms suggested the possibility of supraglottitis, a serious inflammation of the upper airway. However despite the clear symptoms that the man represented a medical emergency, Kaiser's emergency room triage nurse told the man his case was not severe enough for the Emergency Room and sent the man to an Urgent Care Clinic, where his condition worsened and eventually caused respiratory arrest. Despite resuscitation attempts, the man suffered severe hypoxic brain damage and died three days later. Walkup attorneys negotiated the maximum settlement available by law on behalf of the two surviving children left behind.

Fatal Failure to Diagnose Pulmonary Embolus - Wrongful Death

Walkup attorneys obtained a confidential settlement on behalf of the siblings of a 49-year-old man who died as a result of undiagnosed and untreated pulmonary embolism at Kaiser South San Francisco. The man had previously suffered a pulmonary embolism, and informed Kaiser of the history of pulmonary embolism when he reported to the emergency department at Kaiser South Francisco. In addition he presented with a heart rate of 120 and elevated pulse rate, shortness of breath and chest pain. Kaiser diagnosed asthmatic bronchitis despite the fact that the man had no history of asthma. He was given albuterol and no testing for pulmonary embolism was done. Walkup attorneys successfully argued that the man's history of acute pulmonary embolism in conjunction with the man's symptoms necessitated a differential diagnosis of pulmonary embolism

Failure To Diagnose Breast Cancer - Death

Walkup attorneys negotiated an undisclosed settlement after Kaiser failed to timely diagnose and treat breast cancer in a 56-year-old woman. By the time the breast cancer was discovered it was in Stage III and the woman's prospects for survival were grim.

The woman presented to Kaiser Oakland with breast lumps and was diagnosed with Stage I breast cancer in two different locations in her left breast. She underwent treatment for one area of lumps, however was discharged without any follow-up to the lumps in the other area of her breast. She saw several Kaiser physicians over the next two years, and although the lumps were recorded in her medical chart, no Kaiser physician ever followed up with her about them. Over this period of time the breast cancer developed from a highly treatable Stage I to Stage III from where it eventually metastasized to her brain. In addition to the failing to follow-up on the previous findings of lumps, Kaiser also negligently misread a mammogram as negative during this two-year period.

Colon Perforation/Sepsis During Cholecystectomy - Death

A settlement in the maximum amount permitted for general damages was obtained for the heirs of a 77-year-old woman, following a routine laparoscopic cholecystectomy at Kaiser Walnut Creek. The decedent underwent laparoscopic cholecystectomy in order to relieve abdominal pain resulting from gallstones. She was sent home following the procedure, only to return to the emergency department two days later, complaining of severe abdominal pain, inability to eat, and inability to walk due to pain. Upon admittance to the ER, decedent had no measurable blood pressure and was immediately started on IV fluids. A Kaiser surgeon examined the decedent, found an acute abdomen, indicating the need for immediate surgery, but instead the decedent was sent for a CT scan. When she was finally taken to surgery, an exploratory laparotomy disclosed that she had a rent in her bowel where the initial surgery was performed. Ultimately, four total exploratory laparotomies were performed before it was discovered that the decedent had a leaking cystic duct proximal to the place where the clips were placed during the laparoscopic cholecystectomy. She underwent two additional exploratory laparotomies, where bowel perforations were found. Decedent died in the hospital due to an abscess in her heart. Due to the original failure of the doctor who performed the laparoscopic cholecystectomy to discover the rents in decedent's bowel and cystic leaks caused by slippage of the clips, the 77-year-old decedent was subjected to numerous surgeries, each of which rendered her increasingly susceptible to infection.

Failure to Diagnose Infection - Death

Walkup attorneys prosecuted arbitration on behalf of the surviving children of a 34-year old male who went to the emergency room at Kaiser Oakland complaining of flu like symptoms, fever, pain and weakness so pervasive that he had difficulty walking from his car to the urgent care center at the Kaiser facility. On arrival, a nurse, rather then a doctor, evaluated the patient. The nurse incorrectly determined that he was not in need of medical care and discharged him home without treatment. The next day the patient returned to the emergency room again, now with worsening pain and weakness and a new symptom: unusual spotting on his fingers. He was again sent home with orders to report to the clinic that afternoon. When he returned as ordered, the doctor who saw him gave no significance to the odd spots and attributed all of the patient's complaints to a viral illness. The member was discovered dead two days later. An autopsy demonstrated that he had been suffering from overwhelming sepsis, which should have been treated sooner with immediate medical attention and IV antibiotics. Walkup attorneys retained specialists in Emergency room medicine, nursing, infectious disease and economics to demonstrate that the Kaiser personnel who saw the decedent had breached the standard of care and caused economic loss to the survived children, aged 9 and 8.