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| Disposition:
(Settlement/Arbitration/Trial) |
Arbitration |
Date: |
6/19/1991 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
High Frequency Hearing Loss |
Result: |
$558,000 (present value) |
Case Name: |
Ramsdell v. Kaiser Hospital |
Facts: |
On
October 3, 1985, Corey Ramsdell was born.
He was subsequently diagnosed with a medulloblastoma
(brain tumor) which was removed on December
8, 1986. At that time Corey was placed on
chemotherapy under the direction of Kaiser
Hospital through Dr. Sam Lew. The
chemotherapy involved the administration of
Cytoxan and Cisplatin. The prescribed dosage
was 700 mg of Cytoxan and 40-45 mg of Cisplatin.
The chemotherapy was administered in three-month
cycles. The Cytoxan was administered during
the first two months of each cycle and the
Cisplatin was administered during the third
month.
On September 2, 1988, approximately one month
before Corey completed his chemotherapy, he
was admitted to Kaiser Hospital
for Cytoxan treatment. Three hours after administration
of the Cytoxan, the pharmacist noticed that
an error had been made in its preparation.
Insteading receiving 700 mg of Cytoxan, Corey
received 70 mg of Cisplatin.
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| Injury/Injuries: |
High-frequency hearing loss, kidney function damage.
Future medicals between $220,000-$950,000 (present value); Future lost earnings between $143,000 and $500,000 (present value)
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| Contentions: |
Plaintiff contended that defendants were negligent in failing to administer the proper medication. He also contended that he suffered a permanent hearing loss and decreased kidney function that would subsequently lead to kidney failure as a result of the nephrotoxicity caused by the overdose of Cisplatin.
The defendant Kaiser Hospital, admitted
liability, but contended that plaintiff's
kidney function was in the normal range at
the present time, and that it would be speculative
to award future damages for a "possibility."
Defendant further contended that Plaintiff's
life expectancy should be significantly reduced
because of his brain tumor.
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| Special Notes: |
The plaintiff
was awarded $558,000 (present value).
The plaintiff was awarded $143,000 for
future lost earnings, $165,00 for future
medicals, and $250,000 in general damages.
The case later settled for $205,000 in
cash, plus annuities which will pay out
a total of $2.7 million if the plaintiff
reaches 60 years of age.
<
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Case Histories from The Law Offices
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