Need A Wrongful Death Lawyer In California?
If you have suffered the loss of a loved one from a severe injury or accident in California, Walkup Melodia can help you. Please contact us online or call now (888) 564-8254 for an immediate consultation with a wrongful death lawyer in San Francisco.
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 the surviving 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 the 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.
Failure to Appreciate Results of Blood Pressure Test - $946,616 Settlement
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 - $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.
Emergency Room Failure to Diagnose Epiglottis
Walkup attorneys obtained a settlement in a Kaiser arbitration proceeding 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. Despite clear symptoms, Kaiser's emergency room triage nurse told the man his case was not severe enough for the emergency room and sent him 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.
Colon Perforation/Sepsis During Cholecystectomy
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, the 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 Monitor Bed Sores - Confidential 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.
Failure to Diagnose Pelvic Fractures - Confidential Settlement
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.
Contact our California fatal accident lawyers today. Make an appointment for a FREE CONSULTATION to discuss your family's potential wrongful death claim. Call 1.888.564.8254 or 1.415.658.9310.
The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada, including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City and Tahoe.
