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Case of Massive Brain Injury
| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
3/1/2000 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Metabolic insult resulting in massive brain
injury |
Result: |
$4,043,728 (present value) |
Case Name: |
Watson v. The Regents of the University of
California and Bayer Corporation |
Facts: |
On May 1998, plaintiff Watson, then age 43, was in a serious accident in which he was struck by a car while he was riding his bicycle. He was taken to UCSD Medical Center and admitted with multiple injuries, most notably a closed head injury and fractures to the ribs and left lower leg.
Over the next several weeks, Mr. Watson exhibited many positive signs concerning his improving neurologic status. However, on May 21st, while undergoing a flap/graft procedure, he was negligently administered 1000 units of insulin by an anesthesia resident, who then attempted to correct the situation by giving him 60-70 amps of D50, sending Mr. Watson's blood glucose to 3800. This caused Mr. Watson to develop seizure activity, and caused a global anoxic cerebral injury, secondary to hypoxia, hypotension and metabolic derangement. This event also caused Mr. Watson to suffer a hyperosmolar nonketotic coma, complicated by acidosis, hypotension and seizures refractory to medication.
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| Injury/Injuries: |
Mr. Watson suffered a significant brain injury. The Regent's expert, Dr. Hedge, was of the opinion that but for the May 21, 1998, insult, Mr. Watson would have been rehabilitated to the point where he could have lived independently, could have been able to communicate, ambulate and would have full bowel and bladder function.
Because of the metabolic insult, Mr. Watson is now, and will remain, unable to care for himself. He requires 24-hour care and is totally dependent on others for all activities of daily living. He is now, and will be for the remainder of his life, unemployable
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| Contentions: |
Plaintiffs alleged gross negligence by UCSD physicians and health care personnel, resulting in massive brain injury to Mr. Watson.
Defendant The Regents alleged Mr. Watson was destined to have the same long-term neurologic damage that he lives with presently, and denied any act or omission on the part of its employees caused or contributed to cause his condition. Defendant The Regents also alleged a manufacturing defect in the Bayer glucometer used during the surgery.
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| Special Notes: |
The case
settled for $900,000 in cash; $13,500
per month for 7 years or Mr. Watson's
life, whichever is longer, increasing
and compounding annually at 3%; and $150,000
payable in 12 years, contingent upon Mr.
Watson being alive.
The total guaranteed payout is $2,141,319
with a total life expectancy payout of
$10,697,332. Additionally, The Regents
have agreed to satisfy any lien claim
by MediCal or other entity concerning
Mr. Watson's medical care administered
in any of its facilities.
Defendant Bayer Corporation was dismissed
in exchange for a waiver of costs.
< back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com
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