Confidential Settlement
Walkup’s Kaiser team negotiated a multi-million dollar settlement in a Kaiser Arbitration proceeding for the wrongful death of a health plan member who suffered a hypoxic brain injury and died following an Emergency Room misdiagnosis. The patient arrived at the ED complaining of a high fever, severe sore throat, and difficulty swallowing. These symptoms suggested the possibility of supraglottitis, a serious inflammation of the upper airway. Despite the clear symptoms, Kaiser’s emergency room triage nurse sent the man to an Urgent Care Clinic, where his condition worsened and eventually caused a fatal respiratory arrest. Despite resuscitation attempts, the patient suffered severe hypoxic brain damage and died three days later. Walkup attorneys negotiated the maximum settlement available by law on behalf of his two surviving children.