Kaiser Medical Malpractice Lawsuit Arises After Man Is Misdiagnosed In Emergency Room

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Flemming sustained permanent brain damage as a result of an ischemic stroke. He suffers from cognitive impairment and was unable to return to his employment because of an inability to perform complex calculations or to multi-task. He experiences memory loss and confusion and claimed that he is limited in terms of employment options.


On March 18, 2008, plaintiff Blain Flemming, 33, a project manager for an electrical subcontractor, suffered an ischemic left-sided stroke with left inferior frontoparietal lobe, occipital lobe and cerebellar infarcts. Flemming was unable to speak clearly, had difficulty walking, had a major headache and showed other symptoms of a stroke. Flemming was taken by ambulance to Kaiser, arriving within one hour of symptom onset. Kaiser’s employees diagnosed Flemming with food poisoning. Although he could not walk or talk coherently, Flemming was discharged from the hospital.

Flemming claimed Kaiser’s emergency room physicians failed to perform a proper neurologic work-up for his stroke, failed to obtain a consult from a neurologist and failed to administer tissue plasminogen activator (tPA), a known clot-busting drug. Flemming alleged that administration of the drug would have resolved his stroke symptoms.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Flemming sued Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc. and the Permanente Medical Group Inc. (collectively “Kaiser”) for medical malpractice. He contended that he demonstrated classic stroke symptoms and that the differential diagnoses should have included ruling out hemorrhagic stroke or ischemic stroke.

Kaiser contended that the initial history provided to the hospital indicated that Flemming had been eating chocolate cake before the onset of his symptoms. Kaiser claimed Flemming’s symptoms were not significant enough to include a differential diagnosis of stroke. The hospital further contended that even if tPA had been administered, Flemming could not prove that his long-term prognosis would have been significantly better.

RESULT: Arbitration
Award Total: $2,100,000
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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