On April 15, 2022, San Diego Attorneys Robert Vaage and Elizabeth Teixeira obtained an arbitration award of $25,638,058.93 on behalf of their 9-year-old client, Jayden Vargas, from Los Angeles Arbitrator Robert Hanger. This was awarded for the admitted negligence of ten healthcare providers at Kaiser Fontana Hospital, who had multiple opportunities over the course of a week to prevent Jayden’s injuries.
Jayden was born with a congenital bowel condition called jejunal atresia which was surgically repaired shortly after his birth. If he had been properly treated — holding his feedings to allow his bowel/intestines to recover and placing him on antibiotics — he would have led a normal life. Instead, he was force-fed formula which led to a rupture of his bowels, sepsis, and emergency surgery. His blood pressure dropped to critical levels over prolonged periods of time, leading to a lack of oxygenated blood to his brain, which resulted in a profound brain injury.
“Jayden currently requires around-the-clock care, and his family has been struggling to take care of him,” said Attorney Vaage. “This award will help them provide Jayden with the best possible care and highest quality of life.”
This arbitration award is believed to be one of the highest medical negligence awards for a single patient against the Kaiser healthcare entities.
What Is a Kaiser Arbitration Award?
Most medical negligence or malpractice claims are resolved through court trials. However, when enrolling with Kaiser, each patient is generally required to sign an agreement forfeiting their rights to a medical malpractice jury trial. Instead, their claim will be handled through arbitration, which generally involves a third-party neutral arbitrator who helps the parties reach a resolution.
Kaiser arbitration awards typically cover similar damages as a regular lawsuit, such as past and future medical expenses, loss of earnings, pain and suffering, and other costs. However, the nuances of the arbitration process can be complex; the process typically requires the assistance of a lawyer experienced in such matters. For more information about the Kaiser arbitration process, please visit our web page related to Kaiser medical malpractice.
Why Should You Hire a Kaiser Arbitration Lawyer?
Kaiser arbitration proceedings involve highly specific rules and procedures. Unless an attorney or law firm has direct experience with Kaiser’s arbitration process, they might not have practical knowledge of how to maximize the award for the client in such situations. Also, if you are still recovering from your medical injuries, you might not be in the best position to approach legal proceedings on your own without an attorney.
At Vaage Law, we have direct experience holding medical professionals liable under the requirements of Kaiser arbitration hearings. We will do all of the heavy lifting for you, including assisting you in gathering all medical documents and records needed for proving your case. These cases can also be very expensive to arbitrate, and we have the resources to front those costs for you.