On Dec. 14, 2005, plaintiff’s decedent Peter Lakos, Sr., a 73-year-old retiree suffering from type II diabetes, was a patient at Kaiser’s Harbor City facility. He was scheduled to be released soon to an extended care facility, where he was to undergo physical therapy. Nurse Mark O’Bannon injected Lakos with 80 units of NPH insulin, which was ten times the prescribed 8 units. As a result, Lakos’s blood sugar level plummeted, which affected his brain to the extent that he could no longer perform automatic functions such as breathing. He went into respiratory arrest and a code blue was called. He died on Dec. 27.The decedent’s widow, Rose, and two sons, Peter Jr. and Angelo, sued Kaiser for wrongful death, claiming that Kaiser’s staff negligently gave Lakos a fatal overdose of insulin.
Defense counsel denied that Lakos died from the overdose, attributing the cause of death to his multiple medical problems and his noncompliance with the recommended care.
Defendant’s expert, Sharon Rennick, opined that because Nurse O’Bannon perceived that 80 was the correct dosage, although the correct dosage was actually 8, the overdose was not negligent and his actions were within the proper standard of care for patients.
Plaintiff’s expert opined that but for the overdose, Lakos would have lived about seven more years. Thus claiming the loss of seven years of support and services to the family, the plaintiffs sought to recover over $200,000 in special damages. Mrs. Lakos also sought burial expenses. General damages were capped under California’s MICRA law to $250,000.
Peter Lakos Jr., who claimed that he stopped working to be with his father in the hospital and attend his funeral, further sought past lost earnings.
Defense counsel argued that the plaintiffs failed to produce any documentation to support the loss of support claim.
Finding that the overdose was negligent and caused Lakos’ death, the arbitrators awarded the Lakos family a total of $318,944.
Angelo Lakos
$12,000 Personal Injury: speical damages
$50,000 Personal Injury: general damages
Rose Lakos
$24,864 Personal Injury: special damages
$15,580 Personal Injury: burial expenses
$150,000 Personal Injury: general damages
Peter Lakos Jr., Jr.
$4,500 Personal Injury: Past Lost Earnings Capability
$12,000 Personal Injury: special damages
$50,000 Personal Injury: general damages