Kaiser – 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.