Medical Malpractice

Michael Kelly and Emily Polcari recovered a pre-arbitration settlement in the amount of $2,250,000. Mike and Emily represented the surviving widow and two small children of a 47-year-old sales director at a private Silicon Valley technology company who died two months after seeking medical attention for symptoms of coronary artery disease. He had presented to his primary care doctor with complaints of chest pain. Given his height, weight, gender and laboratory results, the standard of care required a work up for coronary artery disease, which would have led to an urgent bypass surgery and saved his life. Instead, his physician attributed his symptoms to “anxiety” and did no further work up. General damages for the loss of a husband and father’s love, care, comfort and society were capped by the unfair and barbaric $250,000 general damage limits of MICRA. The balance of the recovery represented the present cash value of future lost wages and household services. Future structured payments to fund the college education of the minor children were approved as part of the minors’ compromise.