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Disposition: (Settlement/Arbitration/Trial) Settlement

Date:

2/7/1991

Type of Case:

Medical Malpractice

Allegation(s):

Wrongful Death

Result:

$110,000

Case Name:

Heirs of John W. Parker v. Sharp Knollwood, et al.

Facts:
On June 20, 1989, 89-year-old John W. Parker was admitted to Sharp Knollwood Convalescent Hospital. During the course of his stay, Mr. Parker had a jejunal feeding tube inserted in his left lower abdomen and a Groshong catheter inserted into his subclavian vein on his left upper chest.

Eight days later, the feeding tube intended to be inserted into his left lower abdomen was inserted into the Groshong catheter in his left upper chest. The feeding tube was connected to a bag containing feeding material including osmolite and Kana Banana, which were intended for the decedent's gastrointestinal tract. The feeding tube was also connected to a pump which pumped the feeding materials through the feeding tube.

By the time the mistake was discovered, only one-quarter of the materials remained in the feeding bag. The balance of the feeding material was pumped into the decedent's bloodstream. Within 11 hours, Mr. Parker died. However, neither his treating physician, Defendant Richard I. Rowen, M.D., who had knowledge of what had actually occurred, nor Sharp Hospital, told the family about the sequence of events. Additionally, Dr. Rowen signed a death certificate listing aspiration pneumonia as the cause of death, and failed to make any reference to the feeding tube being connected to Mr. Parker's subclavian catheter. Dr. Rowen also failed to notify the coroner and told the hospital that the situation was not a "coroner's case."


Injury/Injuries:
Wrongful death. Family suffered emotional distress. Funeral and burial expenses of $1,500.

Contentions:
The family contended that defendants were negligent in allowing the feeding tube to be attached to decedent's subclavian catheter, and claimed this error was the cause of death. They also contended that the defendants breached their fiduciary duty to them by failing to inform them of what had occurred.

Special Notes:

The maximum recovery for emotional distress in a medical malpractice case in California is $250,000.

< back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com



   
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