(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
CLAIMED SPECIAL DAMAGES
Plaintiff has consulted with expert rehab nurse, Tamara Evans, BSN, RN, PHR, CCM. Ms. Evans believes that Ms. Green has a number of needs. These needs include:
1. CNA level care for 8 – 12 hours per day;
2. Housekeeping care once week for 4 hours;
3. A motorized wheelchair;
4. A lift;
5. A minivan with ramp;
6. Ramps at her home;
7. Physical therapy; and
8. A new mattress for her hospital bed.
Don Black, a local Ph.D., has placed a present value on the ongoing expenses. He places this value, which is primarily for the CNA level care at 1.4 million. In addition, there are present costs for items which add $100,000.00 (van, wheelchair, lift, etc.).
In addition to these expenses, there is the cost of replacing plaintiff’s insurance. UH billed her $983,031.64. Of that, $485,000.00 was paid by her insurance. However, this payment exhausted her $500,000.00 per condition coverage related to the back surgery and any complications. Plaintiff cannot replace the coverage to offset the loss. A substandard replacement, according to expert testimony, would cost $900.00 – $1,000.00 per month. This, according to Dr. Black, is an added present value loss of $274,000.00.
Plaintiff’s economic damages thus total $1,750,000.00.
Plaintiff is profoundly disabled and unable to provide for her basic needs. She is depressed and in pain. She seeks the $250,000.00 limit for general damages.
LOSS OF CONSORTIUM DAMAGES
Plaintiff, Bobby Green’s life has become one of a full-time care giver. He gets no help around the house and is exhausted.
The parties have stipulated to the foundation for plaintiff’s medical records and billing records. Defendant has stipulated to accept service of trial subpoenas for employee witnesses.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.