Robert W. Johnson & Associates was were retained to provide economic testimony quantifying both the future cash value of the lost wages and benefits, as well as the future medical care.
Location: Hayward, California
Case: Wright v. St. Rose Hospital, et al.
Court: Alameda County, California Superior Court, No. H1680812.
Plaintiff’s Attorneys: Randall H. Scarlett & Paul M. Monzione, Brown, Monzione, Fabbro, Zakaria & Scarlett, San Francisco, California.
Case Synopsis: On July 16, 1987, Stephanie Wright, an 8-month-old infant, was rushed to the defendant’s hospital vomiting and with a fever of 103. She was not admitted, but she was treated as an out-patient and was continued on a 10-day course of Ampicillin. However, she did not respond to the treatment and by July 28th, her symptoms had not changed, she remained lethargic, and had lost 10% of her body weight. The defendant’s doctors, despite continued and repeated requests by her parents, refused to admit Stephanie, sending her home with a diagnosis of a middle ear infection.
On July 30th, Stephanie was rushed to another hospital, where she was immediately diagnosed to have H-flu meningitis. Unfortunately, the diagnosis was too late. Stephanie had already suffered from intercranial pressure, which had caused permanent brain damage and rendered her a spastic quadriplegic. Stephanie is currently 9 years old and will require 24-hour care for the rest of her life.
Expert Consultation: The court ruled that since this case was under an umbrella of MICRA (Medical Injury Compensation Reform Act), only past and future would be presented to the jury, with the issue of present value and periodic payments to be decided by the judge. Mr. Johnson testified that, based on federal government data from both the U.S. Census Bureau and the U.S. Chamber of Commerce, Stephanie’s future wages would have been in the range of $9,000,000 to $13,000,000, as either a high school or college graduate respectively.