Doe v. Roe, et al. Standard of Care

$1,215,000.00 settlement on behalf of a woman who went to Roe hospital showing clear symptoms of a stroke, but was misdiagnosed as having a migraine. Our client eventually collapsed from a stroke that left her permanently disabled. Complicating this were repeated falls she suffered when left alone in the hospital against the treating physician's orders. Lead attorney was partner Kevin F. Quinn and former associate Eric Seiken.

Plaintiff's Medical Expert Witnesses: Peter Rosen, M.D., Elda Ramirez, R.N., Kenneth Nudleman, M.D.

Defendant's Medical Expert Witnesses: Not Called


Date, Time and Place of Incident(s): December 6, 1998 PLACE: Riverside, California

Facts and Background:  
Plaintiff presented to ROE Hospital on December 6, 1998. At that time she was examined by ROE, M.D., for complaints of one-sided weakness, slurred speech and a headache. ROE, M.D., diagnosed plaintiff as suffering from a migraine headache although she had no history of migraines. Plaintiff was discharged but collapsed on December 7, 1998 from a stroke. Plaintiff's stroke left her permanently disabled. Plaintiff's recovery and rehabilitation was complicated by repeated falls she suffered when left alone by hospital staff against treating physician's orders.

Plaintiff's Contentions, Allegations:
ROE, M.D., misdiagnosed plaintiff as suffering from a migraine when she had experienced a TIA (transient ischemic attack). Had treatment been initiated on December 6, 1998, the stroke suffered on December 7, 1998 would have been avoided and/or its effects would have been substantially decreased.

Injuries and/or Damages:
Inability to walk; hemiparesis of upper and lower extremity; cognitive deficits; inability to work.

Defense: No standard of care breach and no causation of damages.

Specials: PAST MEDICAL: $ 125,000.00, FUTURE MEDICAL: $1,500,000.00, LOST EARNINGS: $ 200,000.00

Settlement Amounts: $1,215,000.00

Verdict or Award:
Economic, $2,750,000 Noneconomic , $1,250,000 reduced to $250,000 under MICRA , Future Economic Value, Approximately $20,000,000.00 medical and wage loss

Other Verdict Details:
January 21, 1998. Defendant negligence , Desert hospital , 35 percent Dr. Donaldson , 35 percent

Length of Trial: 21 Days

Jury: 3.5 day deliberation

Attorney for client: Kevin F. Quinn with former associate Eric Seiken