Kaiser Arbitrations

Kaiser Permanente Arbitration Attorneys

Failure to Perform Timely Cesarean Section – Cerebral Palsy   In a case involving cerebral palsy, our attorneys obtained a binding arbitration award, following a two week arbitration, having a present cash value of $4,100,000 on behalf of a 3-year-old boy afflicted with multiple neurological injuries as a result of negligent delivery at the Kaiser Foundation Hospital in Redwood City. Attorneys from Walkup, Melodia were able to prove that the infant endured a period of oxygen deprivation during his birth when his mother’s uterus ruptured. The uterine rupture was due to an attending midwife’s failure to properly manage the mother while in labor. Walkup attorneys  also proved that obstetrical nurses left the mother unattended prior to the rupture of her uterus, and for that reason failed to appreciate ominous signs of the baby’s distress as reported on a fetal heart monitor. Prior to the first day of arbitration, Kaiser had made no settlement offer.

Emergency Room Negligence - Major Confidential Settlement
Our medical malpractice wrongful death trial lawyers obtained a major Confidential Settlement in a wrongful death case on behalf of the surviving wife and daughter of a 55-year-old contractor who died of an undiagnosed aortic dissection after spending 36 hours in the hospital without ever being seen by a cardiologist. The doctors who saw the patient failed to recognize that he needed an emergency evaluation to rule out aortic dissection. A cardiology consultation and echocardiogram would have made the diagnosis, but were never ordered. Instead, the doctors continued to prescribe nitroglycerine and intravenous morphine for ongoing chest pain. The decedent died shortly after a stress treadmill test, which worsened the tearing of the aorta.

Failure to Recognize Fetal Distress – Quadriplegia/Brain Damage
Walkup attorneys negotiated a cash and annuity settlement with a present cash value in excess of five million dollars on behalf of an infant born with severe developmental delay, spastic quadriparesis, and permanent neurological injuries after Kaiser Permanente San Francisco doctors and nursing staff failed to monitor the mother and deliver the baby quickly when fetal heart monitors indicated severe distress. The 36-year-old mother’s pregnancy and delivery seemed to be progressing normally when, 8 hours after being admitted to the hospital, she developed a high fever. The doctor on call administered antibiotics for suspected chorioamnionitis, (an inflammation of the amniotic membranes), and said he would check back in an hour. Nearly three hours later, the fetal heart rate monitors indicated that the baby’s heart rate had dropped to 85 and 90, and remained there for about 10 minutes, prompting a frightened nurse to contact the doctor. Deceleration of the fetal heart rate is a common effect of chorioamnionitis. The infant was born a half hour later, by emergent vacuum extraction, with no heart rate, and appearing blue, floppy, and apneic. She was resuscitated through chest compressions and intubation. In the days following her birth, the infant exhibited general seizures with tremors in the lower and upper extremities. An MRI performed 8 days after her birth revealed that the infant had severe hypoxic ischemic encephalopathy. The child will remain fully dependent for all of her care needs for her entire life. She is not expected to develop beyond the level of a one month old infant. Liability was based upon failure to aggressively monitor the mother and fetus post administration of antibiotics and failure to deliver the baby when infection was first suspected.

Delayed Admittance to Hospital –Cerebral Palsy
The Walkup Kaiser Permanente arbitration team obtained a mediated settlement, one day before the commencement of arbitration, on behalf of a child who suffered profound injuries when her mother’s uterus ruptured at the site of a previous myomectomy (surgery to remove a fibroid in the uterine wall).

Two weeks prior to the baby’s emergent delivery, the child’s mother was hospitalized in pre-term labor at Kaiser San Francisco. After being medicated and released, she was advised to observe strict bed rest and communicate with Kaiser’s Pre-Term Birth Prevention Project. At 10:00 p.m. the evening before delivery, the parents called the maternity department to report painful contractions. Without determining the onset, frequency, characteristics or location of the pain suffered by the mother, an on-duty advice nurse advised the mother to take an additional dose of her anti-contraction medication and call if her condition worsened. Eight hours later, the mother awoke in severe pain. Her husband called 911. She was taken to a local hospital where the child was delivered by emergency C-section at 32 weeks gestation.

Claimants contended that Kaiser’s employees were negligent in failing to order the mother to the hospital at the time of the phone call. The child was diagnosed with periventricular leukomalacia, and later developed infantile spasms and cerebral palsy. The settlement was composed of both an initial cash payment and guaranteed future annuity payments to offset the cost of future medical, therapy, laboratory and attendant care.

Failure to Recognize Neonatal Hypoglycemia – Loss of Pancreas/ Neurological Injury
Walkup attorneys obtained a mediated settlement of $2,250,000 on behalf of a male infant who now suffers from blindness, developmental delay and cognitive deficits, and who also had his pancreas removed after nursing staff at Kaiser Sacramento failed to follow proper protocols when the infant showed signs of hypoglycemia.

The infant was born weighing 10 pounds, 7-1/2 ounces, which should have triggered a nursing protocol requiring blood screening tests at one, two, four, six and eight hours of age. Any tests revealing low blood sugar levels required that a blood sample be drawn and sent for analysis. In this case, the infant’s six-hour test was conducted at seven hours of age, and came back showing low blood sugar. However, the protocol requiring that blood be drawn and sent to the lab was not followed. The infant’s parents were never told of the abnormal result nor warned to look for signs of hypoglycemia. At 24 hours of age, the infant and his parents were discharged. On the second morning at home, his mother had a hard time rousing him, and he presented at Urgent Care lethargic, not nursing, and with purple feet. He then suffered several seizures and was admitted to the hospital. Tests revealed that he had nesidioblastosis, a disease of the pancreas, resulting in profound, unremitting hypoglycemia. An MRI revealed evidence of posterior cerebral artery infarction, consistent with the diagnosis of severe hypoglycemia . Ultimately, nearly all of the infant’s pancreas had to be removed. As a result of his cerebral injury, he was left blind, with developmental delay and cognitive deficiencies. Walkup attorneys retained experts to show that failure to follow the established nursing protocol led to failure to appropriately diagnose and treat the infant’s hypoglycemia, which led to the infant’s cerebral injuries. The settlement in this case was structured to pay monthly guaranteed payments, plus $732,000 to be paid into a trust on the infant’s behalf.

Undiagnosed Cardiac Tamponade – Brain Damage A combination cash and annuity settlement having a present cash value of $3,200,000 was recovered on behalf of a 49-year-old man who developed a cardiac tamponade four days after undergoing open heart surgery. The problem was neither timely diagnosed nor treated, and cardiopulmonary arrest ensued. By the time he was resuscitated, the patient had sustained severe anoxic brain damage . As a result of injury to the brain, he suffers from spastic quadriparesis, cortical blindness, dysarthria, cognitive impairment, loss of bowel and bladder control, and dysphagia. Because of impaired swallowing, and the risk of aspiration pneumonia, he must be fed through a gastrostomy tube. After one year in a residential care facility, the member was discharged home to the care of his family (spouse and siblings) who, despite limited financial resources, sacrificed to provide quality home care and round-the-clock nursing. Under the terms of the agreed-upon settlement, an annuity was funded to provide $15,000 per month for life, increasing by 4.5% per annum, to offset the cost of attendant and nursing care. In addition, $1,563,000 was paid in cash.

Heart Catheterization Mistake - Death
Walkup attorneys negotiated an $850,000 settlement of claims brought by a deceased patient’s wife and two adult children for the wrongful death of a 56-year-old engineer following arterial rupture during a routine angioplasty. The patient presented to Kaiser South San Francisco’s ER complaining of chest tightness and chest pressure. He received nitroglycerin, quickly stabilized and was determined to be a suitable candidate for cardiac catheterization, which was performed later that day at Kaiser San Francisco. The patient elected angioplasty procedure over bypass surgery. The cardiologist performed an angioplasty on the proximal left anterior descending artery, entering with various catheters, balloons and stents. The stent did not expand fully against the vessel wall, though, so the doctor replaced the balloon with a slightly larger, non-compliant type, and inflated it to a higher pressure. This attempt was also unsuccessful, as was the second effort to expand the stent. A third effort was made, after which the patient began complaining of chest pains. Some 10 minutes later, a perforation in the left anterior descending coronary artery was recognized, and the patient’s vital signs collapsed. Resuscitation efforts were unsuccessful. The member alleged that the stent used in the procedure was too large and that the doctor doing the procedure did not have adequate experience. The settlement in this case included the statutory maximum amount allowed under MICRA for non-economic damages, as well as compensation for lost wages.

Failure to Appreciate Results of Blood Pressure Test - Death
Walkup attorneys obtained a binding Kaiser arbitration award in the amount of $946,616 on behalf of the surviving heirs of a Kaiser member who suffered a heart attack at age 48. The decedent, a long time public servant in Contra Costa County, was running for assessor at the time of his death. Five weeks prior, he had undergone a 24 hour Holter monitor evaluation (the equivalent of a 24 hour EKG) because of irregularities noted during a routine blood pressure check. The Holter study indicated signs of ischemia (insufficient blood supply) to the heart. His survivors contended that Kaiser Walnut Creek physicians should have followed up on the Holter monitor results immediately and that a proper workup, including a thallium treadmill examination, would have resulted in a diagnosis of severe coronary artery disease and permitted timely bypass surgery.

Kaiser disputed liability, claiming that the findings reflected on the Holter monitor tracings were not diagnostic and were, in fact, insignificant. Kaiser also claimed that bypass surgery would not have prevented the fatal heart attack. The case was arbitrated for five days before a panel of three arbitrators. The award of damages included past economic loss of $128,000 and an award of $598,500 reflecting the present cash value of future economic losses. General damages for the wrongful death of this husband and father were limited by MICRA to $250,000.

Misdiagnosis of Aortic Dissection – Amputation/Brain Damage
Walkup attorneys obtained a mediated settlement of $1,100,000 on behalf of a 56-year-old real estate broker who suffered brain damage and required amputations of both legs below the knees after Kaiser Richmond Emergency Room doctors misdiagnosed his aortic dissection as angina, delaying treatment of this surgical emergency.

The patient presented to the Kaiser Richmond ER at 10:00 a.m., complaining of severe chest pain. He was forced to wait as his pain intensified until his wife demanded immediate care. Tests performed in the ER included an EKG, chest x-ray and enzyme study. These ruled out myocardial infarction or heart attack. Patient’s pain and a significant aortic murmur strongly suggested aortic dissection, but no CT scan was taken. Additionally, the patient’s family history, which included aortic dissection (a hereditary condition), was never obtained by the ER staff. Despite signs of possible aortic dissection, angina was diagnosed and the patient was started on an aggressive regimen of anticoagulants, which were contra-indicated. Nearly 10 hours later, the patient was transferred to Summit Medical Center in Oakland to undergo angioplasty. Pre-surgery tests indicated that patient was suffering from aortic dissection and surgery ensued. However, due to the extensive bleeding caused by the delay and the anticoagulants administered at Kaiser Richmond, the patient bled heavily throughout the surgery and for several days following. The results of this extensive blood loss included thrombosis of all vessels in his lower extremities, requiring amputation of both legs below the knee, as well as anoxic brain injury, manifesting in complete short term memory loss, decreased IQ, decreased motivation, and a completely new and passive personality. Settlement, which included both cash and annuity payments, included the full MICRA amount for non-economic damages, as well as lost past and future earnings, and compensation for past and future medical expenditures.

Colon Perforation/Sepsis During Cholecystectomy - Death
A settlement in the maximum amount permitted for general damages was obtained for the heirs of a 77-year-old woman, following a routine laparoscopic cholecystectomy at Kaiser Walnut Creek. The decedent underwent laparoscopic cholecystectomy in order to relieve abdominal pain resulting from gallstones. She was sent home following the procedure, only to return to the emergency department two days later, complaining of severe abdominal pain, inability to eat, and inability to walk due to pain. Upon admittance to the ER, decedent had no measurable blood pressure and was immediately started on IV fluids. A Kaiser surgeon examined the decedent, found an acute abdomen, indicating the need for immediate surgery, but instead the decedent was sent for a CT scan. When she was finally taken to surgery, an exploratory laparotomy disclosed that she had a rent in her bowel where the initial surgery was performed. Ultimately, four total exploratory laparotomies were performed before it was discovered that the decedent had a leaking cystic duct proximal to the place where the clips were placed during the laparoscopic cholecystectomy. She underwent two additional exploratory laparotomies, where bowel perforations were found. Decedent died in the hospital due to an abscess in her heart. Due to the original failure of the doctor who performed the laparoscopic cholecystectomy to discover the rents in decedent's bowel and cystic leaks caused by slippage of the clips, the 77-year-old decedent was subjected to numerous surgeries, each of which rendered her increasingly susceptible to infection.

Failure to Diagnose Infection – Death
Walkup attorneys prosecuted arbitration on behalf of the surviving children of a 34-year old male who went to the emergency room at Kaiser Oakland complaining of flu-like symptoms, fever, pain and weakness so pervasive that he had difficulty walking from his car to the urgent care center at the Kaiser facility. On arrival, a nurse, rather then a doctor, evaluated the patient. The nurse incorrectly determined that he was not in need of medical care and discharged him home without treatment. The next day the patient returned to the emergency room again, now with worsening pain and weakness and a new symptom: unusual spotting on his fingers. He was again sent home with orders to report to the clinic that afternoon. When he returned as ordered, the doctor who saw him gave no significance to the odd spots and attributed all of the patient’s complaints to a viral illness. The member was discovered dead two days later. An autopsy demonstrated that he had been suffering from overwhelming sepsis, which should have been treated sooner with immediate medical attention and IV antibiotics. Walkup attorneys retained specialists in emergency room medicine, nursing, infectious disease and economics to demonstrate that the Kaiser personnel who saw the decedent had breached the standard of care and caused economic loss to the surviving children, aged 9 and 8.

Failure to Diagnose Multiple Myeloma – Loss of Kidney Function
Walkup attorneys negotiated settlement for a 56 year old patient who developed kidney failure and required lifetime dialysis after Kaiser Walnut Creek doctors failed to take proper steps to treat what lab results and patient symptoms unequivocally indicated was multiple myeloma. The patient presented to his primary care physician complaining of back pain, nausea, weakness and fatigue, along with elevated creatinine and BUN. Though his PCP thought it probable that the patient had myeloma, she neglected to follow the standard of care, which required an aggressive workup and use of medications to reduce elevated calcium and uric acid levels, and administration of fluids to combat dehydration. It was not until two weeks later, when the patient presented to the Kaiser Walnut Creek Emergency Department with back pain, shortness of breath, anemia and kidney failure that doctors begin to treat his myeloma. At that point the damage to the kidneys had become irreversible. Walkup attorneys proved that had the patient’s PCP made the appropriate diagnosis when it was first suspected, and followed the appropriate treatment protocols, the damage to the patient’s kidneys could have been reversed, and lifelong dialysis would not have been necessary. In addition, the patient’s need for dialysis made it impossible for him to seek treatment through new experimental medications. Included in the settlement was a separate payment for loss of consortium to the patient’s wife.

Delay in Diagnosis of Breast Cancer – Shortened Life Expectancy
Walkup attorneys procured a $250,000 mediated settlement for a 61-year-old wife, mother and schoolteacher after doctors and nurse practitioners at Kaiser Santa Rosa failed to follow up when a lump was detected in patient’s right breast.

The patient, who conscientiously performed breast self exams every month, reported the detection of a small lump to her gynecologist, who referred her to the breast clinic. A nurse practitioner at the clinic conducted a fine needle aspiration, but lab results indicated that the sample was too small to evaluate. Another sample was never ordered. Though the lump remained, it was not until two years later that the patient’s gynecologist suggested aggressive examination. A biopsy revealed that the lump was lobular carcinoma. The patient underwent a mastectomy, chemotherapy and radiation, but the delay in diagnosis of what could have otherwise been early detection of breast cancer effectively reduced patient’s five year life expectancy to well below 50%.

Failure to Timely Diagnose Lung Cancer – Metastatic Spread
Through mediation, Walkup attorneys secured a $600,000 settlement for a 50-year-old educator and aircraft mechanic whom Kaiser Sacramento doctors failed to diagnose with lung cancer. The patient first contacted Kaiser physicians 22 months before he was properly diagnosed, complaining of a persistent cough that kept him from sleeping. He was prescribed antibiotics over the phone. He next complained of the continuing cough and congestion 4 months later, but received no treatment. He returned to the doctor the following month, with the same complaints and requested x-rays. The Kaiser doctor who saw the patient said x-rays would be a waste of time and diagnosed reactive airway disease. The patient returned again 4 months later, with the added complaint of upper chest pain, at which time x-rays were taken. The results, which showed an infiltrate in the right lower and middle lobes of the lung, were never revealed to the patient, because a nurse, untrained in radiology, determined that they were superfluous. The patient suffered through the next year, his condition worsening, believing that he had reactive lung disease. Finally, when he could no longer walk without suffering fatigue, the patient saw his primary care physician, who ordered x-rays, which revealed a large right pleural effusion. By this time, the patient’s tumor, which could have been reselected at the time the first x-ray was taken, was completely inoperable. The settlement covered the patient’s personal injury claim, as well as his wife’s loss of consortium claim and any possible wrongful death claims.

Death Resulting from Kaiser Permanente Failure to Monitor Following Brain Surgery
Attorneys at Walkup, Melodia, Kelly & Schoenberger obtained a settlement in the amount of $575,000 on behalf of the heirs of a 62-year-old Kaiser member who died due to a failure by Kaiser Redwood City nurses to adequately monitor his neurological status following brain surgery.

The member underwent a resection of the third ventricle to remove a tumor. He came through the procedure in stable condition, but developed increased intracranial pressure during the night following surgery. Nurses failed to adequately monitor his neurological status as required by existing protocols, and the swelling of his brain was not reported to the member’s neurosurgeon until the following morning. That physician attempted to reduce the pressure caused by the swelling by performing an emergency shunt procedure, but it was too late, as the increased intracranial pressure had caused irreversible global brain damage. The member was comatose until his death three days later.

Brain Damage and Kaiser Permanente
The Walkup Kaiser team negotiated a settlement on behalf of a 51-year-old man who suffered loss of vision, balance problems, hearing loss, headaches, cognitive impairment and short-term memory loss when Kaiser South San Francisco personnel failed to timely diagnose and treat his transitory ischemic attacks (TIA). The patient suffered a massive stroke as a result.

The patient visited the Kaiser emergency room several times in the days leading up to his stroke. His symptoms included neck tightness, numbness in his hands and face, slurred speech, drooling, dizziness and balance problems. Though a nurse practitioner suspected TIA and suggested a carotid ultrasound, none was ever ordered. When the patient presented to the ER the day before his stroke, Kaiser doctors delayed several hours in performing a CT scan and administered inappropriate medications. Walkup attorneys were able to show that timely diagnosis and administration of the proper medications could have prevented the patient’s stroke. The settlement included cash and annuity payments guaranteed to provide for in-home care for the member, as well as compensation for lost earnings. It also included the MICRA maximum amount for non-economic damages.

Kaiser Injury Lawyers