A 34-year old father was left severely brain damaged and in a permanent coma when hospital nursing personnel failed to respond to repeated and prolonged alarms signaling his oxygen deprivation. Represented by attorneys Bobbie Pichini and Andrew Mitnick, the case was settled at mediation for $9 million after several years of comprehensive and aggressive discovery. After 19 depositions were taken Pichini and Mitnick were finally able to “crack” the monitor’s internal computer codes and confirm that the alarms signaling the patient’s low-oxygen levels had been sounding for a prolonged period of time with no response from staff. In total, thirteen experts in multiple disciplines were engaged to support plaintiff’s liability and damages claims.
Admissions made during videotaped deposition testimony of hospital staff were presented at the mediation and effectively demonstrated the scope and depth of the defendants’ negligence and the substantial value the case would have if tried to a jury, even in a suburban county. While three and a half years after the event the client tragically remains in a coma, the settlement has assured that he will receive optimal care for his comfort and well-being for as long as he lives, and will also provide for the future needs of his family.