Thorsnes Bartolotta and McGuire San Diego San Diego and Arizona's Consumer Law Firm
Dacia Patino v. Roe Homecare, Inc.

$700,000.00 settlement in a wrongful death case whose plaintiffs are the widow and infant daughter of decedent, Gerardo Patino. Gerardo was 29 years old. He had just undergone outpatient arthroscopic knee surgery. He was sent home, with arrangements for a nurse from Roe Homecare, Inc. to come out later that day to set up a morphine and antiobiotic pumps. The nurse came that evening, set up the pumps and left. The nurse had misprogrammed the morphine pump, causing it to administer ten times the prescribed dosage. Gerardo went into respiratory distress and cardiac arrest. He died the next morning.

Defendant Insurance: Self Insured

Date, Time and Place of Incident(s): October 29-30, 1996, Approximately 8 pm at plaintiff's home

Facts and Background:  
Plaintiffs are the widow and infant daughter of decedent, Gerardo Patino. Gerardo was 29 years old. He worked at the Price Club, and had his own garage door installation firm in Tijuana. He had just undergone arthroscopic surgery on his knee on an outpatient basis. He was sent home, with arrangements for a nurse from Roe Homecare, Inc. to come out to his home later that day to set up a morphine pump and antiobiotic pump. The nurse came that evening, set up the pumps and left. It was later determined that the nurse had misprogrammed the morphine pump, causing it to administer ten times the prescribed dosage. During the night, Gerardo went into respiratory distress and cardiac arrest. He died the next morning.

Injuries and/or Damages: Death

Specials:
PAST LOST EARNINGS: Estimated at over $60,000
FUTURE LOST EARNINGS: Estimated between $600,000 and $1 million

Demand: $1,000,000.00

Settlement Amounts: $700,000.00

Attorney for client: Vincent J. Bartolotta, Jr.; Catherine A. Richardson

Attorney for defendant: Dirk Metzger, Esq.


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Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363