Los Angeles County Settles Wrongful Death for $150,000
Los Angeles County Settles Wrongful Death for $150,000
The Los Angeles County Claims Board (LACCB) agreed to pay $150,000 to settle a lawsuit claiming wrongful death of a prisoner.
Pamela Wimberley, a diabetic, was a prisoner at the Twin Towers Correctional Facility in the custody of the Los Angeles County Sheriff’s Department. On February 10, 2003, she complained of a headache and fever to nursing staff. After noting Wimberley’s abnormally high blood pressure and heart rate, they informed a physician by telephone of her condition.
Knowing diabetics are susceptible to respiratory infections, the physician ordered a complete blood count (CBC) and urinalysis to rule out a bacterial infection. The orders were never written down or followed. Wimberley was treated for pain and returned to her cell.
The same physician saw Wimberley the following day for a fever and cough. Although the physician diagnosed her with an upper respiratory infection caused by a virus, the physician performed no follow-up on the CBC and urinalysis.
From February 12 to 14, Wimberley’s condition included a sore throat, chills, and laryngitis. Medical staff still did not follow up on the ordered treatment despite bacteria being a possible cause of a sore throat and laryngitis. They erroneously believed Wimberley had a viral infection. She was advised to drink more fluids.
By February 15, severe infection had caused shock, chest pain, decreased breathing, and abnormally low blood pressure. Wimberley was transferred to LAC+USC Medical Center later that day. However, LAC+USC’s desperate treatment could not stop the infection. Wimberley died on February 17 from an overwhelming infection. An autopsy revealed that the infection stemmed from pneumonia caused by bacteria.
The failure of county medical staff to perform the CBC and urinalysis to eliminate the possibility of a bacterial infection fell below the standard of health care, making the county directly liable for Pamela Wimberley’s death.
Alan Wimberley, her husband, sued for wrongful death. He offered to settle on December 14, 2004 for $97,100 for loss of care, comfort, and companionship; $47,900 in attorney’s fees; and $5,000 for the litigation. The LACCB agreed, paying Wimberley a total of $150,000 in damages. Wimberley was represented by Michael Thomas and the law firm of Thomas, Donahue, Thomas and Hurevitz.
In addition to the settlement, the County of Los Angeles paid an additional $42,221 in attorney’s fees and $6,120 in costs for their defense. See: Wimberley v. County of Los Angeles, Los Angeles Superior Court, Case No. BC306333.
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Related legal case
Wimberley v. County of Los Angeles
| Year | 2004 |
|---|---|
| Cite | Los Angeles Superior Court, Case No. BC306333. |
| Level | State Trial Court |
| Conclusion | Settlement |
| Attorney Fees | 47,900.00 |
| Damages | 102,100.00 |