COUNTY OF LOS ANGELES
CLAIMS BOARD
500 WEST TEMPLE STREET
LOS ANGELES, CALIFORNIA 90012
MEMBERS OF THE BOARD
Barbara N. Uyeda
Chief Administrative Office
Lloyd W. Pellman
Office of the County Counsel
Michael L. Galindo
Auditor-Controller
May 3, 1999
Honorable Board of Supervisors
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 900l2
Re: Sherry Lynn Lane, Sarah Grace Miller, and Samantha Ann Murdock, minors, by Teresa Rae Lane, their Guardian Ad Litem
Dear Supervisors:
The Claims Board recommends that:
1. The Board authorize settlement of the above-entitled action in the amount of $125,000.00, Plus Assumption of the Medi-Cal Lien Not to Exceed $400.14.
2. The Auditor-Controller be directed to draw warrants to implement this settlement from the Department of Health Services.
Attached is the settlement request and a summary of the facts of the cases.
The Litigation Report, including corrective action, is being transmitted to you under separate cover by the Department of Health Services.
Return the executed, adopted copy to Frances Lunetta, Room 651 Kenneth Hahn Hall of Administration, Extension 4-1754.
Very truly yours,
Barbara N. Uyeda, Chairperson
Los Angeles County Claims Board
BNU/fsl
Attachment
May 12, 1999
TO: LOS ANGELES COUNTY CLAIMS BOARD
FROM: PATTERSON, RITNER, LOCKWOOD, GARTNER and JURICH
By: Clyde Lockwood, Esq.
GARY N. MILLER
Principal Deputy County Counsel
RE: Sherry Lynn Lane, Sarah Grace Miller, and Samantha Ann Murdock, minors, by Teresa Rae Lane, their Guardian Ad Litem v. COUNTY OF LOS ANGELES
Los Angeles Superior Court Case No. BC163203
DATE OF
INCIDENT: July 31, 1995 - August 3, 1995
AUTHORITY
REQUESTED: $125,000, Plus Assumption of the Medi-Cal Lien Not to Exceed $400.14
COUNTY
DEPARTMENT: DEPARTMENT OF HEALTH SERVICES
CLAIMS BOARD ACTION:
Approve Disapprove Recommend to Board of
Supervisors for Approval
, Chief Administrative Office
BARBARA N. UYEDA
, County Counsel
LLOYD W. PELLMAN
, Auditor-Controller
MICHAEL L. GALINDO
on , 1999
SUMMARY
This is a recommendation to settle for $125,000 the wrongful death lawsuit brought by Sherry Lynn Lane (minor daughter), Sarah Grace Miller (minor daughter), and Samantha Ann Murdock (minor daughter) for the death of Donna Murdock subsequent to her discharge from LAC+USC Women's Hospital on August 3, 1995. The State, having paid $400.14 for the provision of Medi-Cal care, has a claim for reimbursement, which will be settled by the County.
LEGAL PRINCIPLES
The County is liable for failure of its hospital and medical staff to provide services consistent with the appropriate standard of care for the circumstances encountered.
SUMMARY OF FACTS
On July 31, 1995, at 6:00 p.m., Donna Murdock, a 33-year-old woman pregnant with her third child and at 36 weeks gestation, was seen in the Emergency Room of LAC+USC Women's Hospital with complaints of a gush of watery blood at 4:15 p.m., an indication that the membranes enveloping the fetus and containing the amniotic fluid had ruptured. At 6:05 p.m., she was admitted to the labor and delivery unit. A diagnostic imaging technique used for fetal monitoring utilizing sound frequency (ultrasound) indicated that the blood rich structure of the uterine wall which nourishes the fetus and helps rid the fetus of waste (placenta) was located over the internal vaginal opening of the uterus (placenta previa).
On July 31, 1995, at 7:30 p.m., a decision was made to perform an emergency (crash) Cesarean section delivery. At 9:03 p.m., Donna Murdock gave birth to Samantha Ann Murdock, a 2,600 gram (5 lbs. 12 oz.) female, without complication. Although a policy of LAC+USC Women's Hospital requires administration of preventative antibiotics in the absence of a known infection (prophylatic antibiotics) for procedures associated with a high risk of infection, which includes emergency Cesarean section deliveries subsequent to the rupture of membranes, Donna Murdock was not given prophylactic antibiotics.
On August 1, 1995, medical personnel ordered a blood test for a determination of the number of red and white blood cells (complete blood count [CBC]), with a separate determination of the percentage of each of the five different types of white blood cells present in the blood (differential). Even though the differential was ordered, it was not performed. A differential count of white blood cells may have indicated a developing infection (sepsis) caused by the rupture of Donna Murdock's membranes and the subsequent emergency Cesarean section. The results of the CBC, without the differential, indicated that the total white blood count (WBC) was elevated, and the elevation of the WBC was interpreted as being a normal reaction of the body to Cesarean section surgery.
On August 3, 1995, at 3:00 p.m., Donna Murdock was discharged, and given a follow-up appointment scheduled for August 11, 1995.
It is alleged that on August 8, 1995, or August 9, 1995, Donna Murdock, while at home, became ill, and on August 10, 1995, began getting out of bed to vomit every few hours, after which she would return to her room to sleep.
On August 10, 1995, her daughter, Sherry Lynn Lane, went into the room to check on Donna Murdock, and discovered her not breathing. Emergency help was summoned, and Donna Murdock was transported to Queen of Valley Hospital where she was declared dead at 12:55 p.m.
An autopsy performed by the Los Angeles County Coroner attributed the cause of death to heart failure resulting from a combination of an abnormal condition of the heart walls where fibrous tissue replaces normal muscle cells (myocardial fibrosis), and an infection of the mucous membrane lining of the uterus (endometritis), which caused sudden death.
DAMAGES
If this matter proceeds to trial, the claimants will likely seek the following:
Sherry Lynn Lane,
Loss of Future Maternal Services $ 33,334
Loss of Care, Comfort
and Companionship (MICRA limit) $ 83,334
Sarah Grace Miller,
Loss of Future Maternal Services $ 33,333
Loss of Care, Comfort
and Companionship (MICRA limit) $ 83,333
Samantha Ann Murdock,
Loss of Future Maternal Services $ 33,333
Loss of Care, Comfort
and Companionship (MICRA limit) $ 83,333
Funeral Expenses $ 4,157
TOTAL $354,157
The proposed settlement includes:
Sherry Lynn Lane,
Loss of Care, Comfort
and Companionship $ 29,000
Sarah Grace Miller,
Loss of Care, Comfort
and Companionship $ 24,500
Samantha Ann Murdock,
Loss of Care, Comfort
and Companionship $ 20,173
Attorneys Fees (MICRA Estimate) $ 41,500
Funeral Expenses $ 4,157
Cost of Litigation $ 5,670
TOTAL $125,000
A portion of the recommended settlement includes a fixed amount of $73,673 for the minor children which claimants may direct to be used to purchase annuities. The amount and structure of the annuities have not been selected at this time.
STATUS OF THE CASE
The current trial date has been vacated pending approval of the settlement.
Expenses incurred by the County of Los Angeles in the defense of this case, through April 26, 1999, are attorneys fees of $19,590 and $7,384.17 in costs.
The total cost to the County of Los Angeles, as a result of this settlement is as follows:
Indemnity (Settlement Amount) $ 125,000.00
County Attorneys Fees and Costs $ 26,974.17
Medi-Cal Lien $ 400.14
TOTAL $ 152,374.31
EVALUATION
Medical experts will be critical that medical personnel failed to administer prophylactic antibiotics to Donna Murdock in conformance with LAC+USC Women's Hospital policy which requires their administration in conjunction with events associated with a high risk of infection. Because a rupture of membranes and an emergency Cesarean section delivery are associated with a high risk of infection, the failure to administer prophylactic antibiotics may subject the County to liability for DonnaMurdock's resulting uterine infection which made her more susceptible to heart failure because of her myocardial fibrosis, and contributed to her death on August 10, 1995.
Medical experts will also be critical of the failure of medical personnel to perform the differential white blood cell count as part of the complete blood count, as ordered. The differential may have provided an indication that Donna Murdock was developing an infection (sepsis) resulting from the rupture of her membranes and the emergency Cesarean section, and allowed medical personnel to begin appropriate treatment.
We join with our private counsel, Patterson, Ritner, Lockwood, Gartner and Jurich, and our claims administrator, Professional Risk Management, in recommending settlement in the amount of $125,000, and payment of the Medi-Cal lien in the amount of $400.14.
The Department of Health Services concurs in this settlement.
