Arturo Bonillas was admitted to Kaiser for a fifteen minute operation to have a cyst resected on his buttocks. Prior to the start of the procedure a spinal anesthetic was administered. Mr. Bonillas was placed on his stomach for the procedure and immediately began straining and pushing himself upwards. After approximately ten minutes into the procedure, Mr. Bonillas heart rate began to slow and he complained of shortness of breath. He then went into full cardiac arrest and was not resucitated for ten minutes. Mr. Bonillas remains in a vegetative state due to an anoxic brain injury. The arbitrators awarded aproximately $1,000,000.00 cash payment with an annuity that will pay a total of $120,000.00 per year with a 3% increase per year for life.

Plaintiff's Medical Expert Witnesses:
Eugene Appel, M.D., Board Certified Surgeon, 8010 Frost Street, Suite 604, San Diego, CA (619) 279-5599
Gerald S. Linder, M.D., Board Certified Anesthesiologist
16693 Charmel Lane, Pacific Palisades, CA 90272 (310) 577-1422
David O Malley, M.D., Board Certified in Internal Medicine/physiatrist
5555 Grossmont Center Drive, La Mesa, CA 91941 (619) 644-4103
Doreen Casuto, Certified Rehabilitation Registered Nurse
7851 Mission Center Court, No. 315, San Diego, CA 92108 (619) 299-9922
Roberta Spoo

Defendant's Medical Expert Witnesses:
Randy Noble, M.D., Board Certified Pulmonologist/Internist Physician, UCLA
300 Medical Plaza Los Angeles, California
Mike Kennedy, M.D., Board Certified Surgeon
Ronald Katz, M.D., Board Certified Anesthesiologist
Gene Bruno, Rehabilitationist
Mike Adams, Economist

Defendant Insurance: Unknown

Date, Time and Place of Incident(s): October 3, 1995; San Diego, California

Facts and Background:  
On October 3, 1995, Arturo Bonillas was admitted to Kaiser for a fifteen minute operation to have a cyst resected on his buttocks. Prior to the start of the procedure a spinal anesthetic was administered. Mr. Bonillas was placed on his stomach for the procedure and began straining and pushing himself upwards once in place. After approximately ten minutes into the procedure, Mr. Bonillas heart rate began to slow and he complained of shortness of breath. He then went into full cardiac arrest and was not resucitated for ten minutes. Mr. Bonillas remains in a vegetative state due to an anoxic brain injury.

Plaintiff's Contentions, Allegations:
Claimants contend that MR. BONILLAS had a history of hypertension and reflux, risk factors which required that prior to surgery, the anesthesiologist was required to have obtained chest x-rays and EKG to ensure no cardiopulmonary complications. This was not done. Furthermore, given the surgeon/anesthesiologists choice of the prone position, the standard of care required MR. BONILLAS to be tested for his ability to tolerate laying on his stomach for approximately 30 minutes (anticipated time of surgery). This was not done. The effect being, that MR. BONILLAS weight encephalized the anesthesia up his spine. Claimants also contend that KAISER should not have permitted a nurse anesthetist to administer and monitor the patient alone or without periodic supervision. Claimants also presented evidence that when a patient becomes restless and one cannot obtain accurate monitoring, the standard of care requires a nurse anesthesiologist to halt the procedure and re-establish baseline

Injuries and/or Damages:
Due to the negligence of Kaiser, Mr. Bonillas suffered anoxic brain injury. He has remained in a vegetative state since the date of the surgery.

Specials: PAST MEDICAL: $326,389.00, FUTURE MEDICAL: $5.5 million

Settlement Amounts: Dr. Werner settled out of the case before trial for $600,000.00

Verdict or Award:
January 6, 1998; The arbitrators awarded aproximately $1,000,000.00 cash payment with an annuity that will pay a total of $120,000.00 per year with a 3% increase per year for life.

Length of Trial: Arbitration lasted five days

Jury: 3.5 day deliberation

Attorney for client: Kevin F. Quinn, Esq. and Leo R. Bartolotta, Esq.

Attorney for defendant:
Robert K. Warford, ESQ., Jeffery R. Erickson, Eso., La Follette, Johnson, Fesler & Ames

Individual Defendants:
Arturo Bonillas was admitted to Kaiser for a fifteen minute operation to have a cyst resected on his buttocks. Prior to the start of the procedure a spinal anesthetic was administered. Mr. Bonillas was placed on his stomach for the procedure and immediately began straining and pushing himself upwards. After approximately ten minutes into the procedure, Mr. Bonillas heart rate began to slow and he complained of shortness of breath. He then went into full cardiac arrest and was not resucitated for ten minutes. Mr. Bonillas remains in a vegetative state due to an anoxic brain injury. The arbitrators awarded aproximately $1,000,000.00 cash payment with an annuity that will pay a total of $120,000.00 per year with a 3% increase per year for life.