$3.1M Recovery in Medical Malpractice Case

Please note that every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case. Prior results do not guarantee a similar outcome.

We represented a 51-year old Home Care Provider, who was driving in the course and scope of his employment as a caregiver in San Francisco. Our client was struck by a Hummer rented from the Hertz Corporation and driven by a foreign tourist making an illegal turn on a red light. He was taken the emergency department of the local hospital by ambulance but at the emergency department, Vernon’s treating physicians’ inadvertently injured his spinal cord rendering him a partial quadriplegic.

Senior Counsel Mark Fong, Partner Dale Minami and Associate Eunice Yang, handled both the auto accident claim which settled for Hertz’ policy limits of $1 million and later settled the claim against the physicians and the hospital for $2.1 million.

Our client faced a number of challenges in settling the medical malpractice case. First, noneconomic damages were capped at $250,000 due to MICRA. His past and future wage loss claim was $252,157. Defendants argued plaintiff’s claim for future medical expenses was unrecoverable as a matter of law, as the compensation carrier had agreed to provide John with lifetime medical care and defendants were entitled to introduce this fact to the jury.

The PI team argued, however, through Plaintiff’s experts in healthcare financial administration, life care planning and workers compensation utilization review, that workers compensation is unlikely to pay for much of the treatment he will need over the next 30 years, leaving him exposed at the time when he will most need care.

The team settled the medical malpractice case for $2.1 million, recovering his entire wage and the terms of the settlement provides Vernon with the lifetime care that he needs