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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
12/8/1995 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Wrongful Death |
Result: |
$473,360 against Motlagh |
Case Name: |
Sobczak, et al. v. Motlagh, M.D.; Knauf, M.D.; Scripps Hospital East County |
Facts: |
On Friday, September 3, 1993, decedent Michael Hoffner, a 28-year-old cable installer and the father of two minor children, suffered an episode of significant chest and neck pain following a Valsalva manuever in the shower. He presented to the emergency room at defendant Scripps Hospital East County, where his blood pressure was found to be 202/94. He was examined by defendant Vincent Knauf, M.D., the emergency room physician, who noted that Mr. Hoffner's femoral pulses were very weak compared to his carotid pulses. Dr. Knauf diagnosed a subcutaneous emphysema in Mr. Hoffner's neck and also coarctation, or congenital narrowing, of the aorta. The symptoms of the latter are hypertension in the upper extremities with normal blood pressure in the lower extremities and "rib notching" on chest x-ray, produced by collateral circulation developing around the area of coarctation.
Dr. Knauf claimed that he then contacted defendant Frank Motlagh, M.D., the cardiothoracic surgeon on call, and advised him of his diagnosis, including the fact that Mr. Hoffner was hypertensive in his upper extremities and had complained of chest and neck pain. Dr. Knauf testified that he was told by Dr. Motlagh that no acute medical care was required and that anti-hypertensive medication was not indicated. Mr. Hoffner was discharged with a prescription of Vicodin and instructed to contact Dr. Motlagh after the three-day weekend for Labor Day.
Mr. Hoffner rested and took the Vicodin, but on the morning of Tuesday, September 7, 1993, Mr. Hoffner was found unresponsive and transferred to Grossmont hospital where he was pronounced dead. Dr. Motlagh testified that he had no recollection of the telephone call from Dr. Knauf, and that if he had received such a call, he would have ordered immediate anti-hypertensive medication, diagnostic studies, and transferred the patient to a facility where cardiothoracic surgery could be performed.
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| Injury/Injuries: |
Wrongful Death.
Future lost earnings: $115,000-$220,000 (disputed)
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| Contentions: |
Plaintiffs contended that defendants Knauf and/or Motlagh violated the applicable standard of care. Plaintiff contended that defendant Scripps Hospital East County knew or should have known that Dr. Motlagh was no longer performing the type of surgery required to repair decedent's problem and that his medical license had been revoked six months previously, pending five years' probation.
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| Special Notes: |
Plaintiffs demanded $473,728 as to all defendants. Dr. Knauf offered a waiver of costs, which was accepted, and Scripps Hospital East County offered $20,000 which was also accepted.
Dr. Motlagh paid $100,000 in cash and funded annuities for the minor plaintiffs in the amount of $225,000 with guaranteed payouts of $373,360.
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