Date of Death: April 11, 2001
Injuries: Death
Medical Expenses: Plaintiff’s medical expenses incurred subsequent to the alleged negligent acts, but prior to death were $32,878.57.
Demand: Demand was made for $1,500,000
Offer: Progressive offered policy limits of $500,000 prior to mediation.
Settlement: $1,000,000.
Report Submitted By: Law Office of Ron Perey
Facts:
Jerry Crain was a 56-year-old who was confined to a wheelchair and had limited use of his hands and arms secondary to diabetes. Jerry required kidney dialysis three times per week and he was transported by cabulance to his dialysis appointments. On April 6, 2002, Jerry was picked up for transport to his dialysis treatment by a Pacific Cabulance driver. The driver, Kelly Fee, loaded Jerry and his wheelchair into the cabulance, but failed to secure the straps to hold his wheelchair in place.
Sometime during the trip, Jerry and his wheelchair tipped over and Jerry struck his head. The cabulance driver contacted his dispatcher for assistance and 9-1-1 was called. Pacific Cabulance employees erroneously told the 9-1-1 operator that Jerry was “okay” and that the driver only needed help lifting Jerry and his wheelchair. For this reason, fire personnel were dispatched for a “non-injury assist” only and did not evaluate Jerry’s injury. The Pacific Cabulance driver then took Jerry to the dialysis center after he and his wheelchair were repositioned in the cabulance. Despite the fall and head injury, the cabulance driver failed to notify the kidney center staff that a fall took place and that Jerry had hit his head.
At the kidney center, it was standard procedure to give Jerry a dose of heparin, an anticoagulant (blood thinner), during dialysis. Due to the head injury, bleeding in the brain occurred, aggravated by the anticoagulant that was needed for dialysis. During dialysis, Jerry became confused, complained of headache and other pain, and was not able to answer simple questions in a responsive manner. Jerry was not able to complete his dialysis and he was taken to Stevens Hospital for emergency care that afternoon.
At Stevens Hospital, diagnostic brain CT scans were completed and an extensive hemorrhage in Jerry’s brain was illuminated, along with a cephalohematoma (collection of blood outside the skull; evidence of direct trauma to his head). There was also significant hydrocephalus (fluid/blood in the brain ventricles, which causes increased pressure that compromises brain tissue) and Jerry’s neurological function and level of consciousness were deteriorating. The neurosurgeon discussed the grave prognosis with Jerry’s children and the decision was made to attempt a ventriculostomy (placement of a drain in the brain ventricles to remove fluid and relieve pressure inside the skull). The surgery was performed and Jerry’s condition briefly stabilized. However, the drainage catheter became less effective and despite a second brain surgery, Jerry’s condition continued to worsen. Jerry Crain died on April 11, 2002 at 56 years of age due to the brain injury.
During pre-suit investigation, plaintiffs’ lawyers discovered that the cabulance driver was a registered sex offender who was not allowed to drive vulnerable adults in a cabulance. Plaintiffs’ lawyers also discovered that the owner of the cabulance company requested that employees of the cabulance company lie and say that he (the owner) was the driver of the cabulance at the time of the fatal fall. Plaintiffs’ lawyers obtained audio tape of the 9-1-1 call and testimony from former employees of the cabulance company that proved that Kelly Fee, the registered sex offender, was driving at the time of Jerry’s fall.
County and Cause Number: Unidentified here pursuant to confidentiality agreement
Plaintiffs: Estate of Jerry Crain, and Jerry Crain’s four adult children
Defendants: Pacific Cabulance, Progressive Ins. Co., Western World Ins. Co.
Trial date and Length: None
Date of Settlement: April 14, 2003
Plaintiffs’ Attorneys: Ron Perey and Doug Weinmaster
Law Office of Ron Perey, Seattle
Defendants’ Attorneys: Steve Goldstein, Betts, Patterson, & Mines (Seattle); E. Pennock Gheen, Bullivant Houser Bailey (Seattle); James Frits (Bothell)
Plaintiffs’ Experts: Dick Cook (Accident Investigator)
Defendants’ Experts: Unknown
Mediator: Judge Charles S. Burdell, Jr. (Ret.)
Admitted Liability: No
Directed Verdict: No
Summary Judgment: No
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