Penney and Associates, Obtains $1.2 million Judgment Against Southern California Permanente Medical Group

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The law firm of Penney and Associates reported an award of $1.2 million entered against Southern California Permanente Medical Group, in a wrongful death claim for medical malpractice following an over prescription of medication for a thyroid condition.

The law firm of Penney and Associates reports that in the matter of Fitzgerald v. Kaiser Foundation Hospitals, et al, Case. No. OIA #10177, at the Office of the Independent Administrator, the arbitrator awarded the Fitzgerald family $1.2 million in a wrongful death action. Attorney Arnold Hernandez from the law firm of Penney and Associates reported that its attorneys were successful in proving that an endocrinologist at a Kaiser facility in Irvine, California committed medical malpractice when she over prescribed medication for a thyroid condition.

According to Penney and Associates' wrongful death lawyer, Arnold Hernandez, in a medical malpractice claim involving prescription of medication the standard of care is relatively simple. According to Mr. Hernandez, the medical provider should follow the manufacturer instructions in determining what dosage is appropriate. He states that in this case, the manufacturer specified what would be an appropriate starting dosage accounting for the age of the patient, medical history of the patient, and pre-existing medical conditions.

Mr. Hernandez states that the deceased's family claimed the endocrinologist failed to follow the manufacturer’s instructions and prescribed a dosage several times higher than recommended. He states that in a matter of a few days the patient suffered a massive heart attack and died. He reports that the family was fortunate in contacting a wrongful death attorney at Penney and Associates soon after the incident. He explains that had the family taken a year to seek advise it may have been too late to proceed with a wrongful death claim.

Mr. Hernandez reports that in this case a claim was filed against the various Kaiser entities, but through agreement the arbitrator dismissed claims against Kaiser Foundation Hospitals, and Kaiser Foundation Health Plan, Inc. and judgment was against Southern California Permanente Medical Group only.

According to Mr. Hernandez, overdosing is a common mistake that accounts for many emergency situations and death. In the Centers for Disease Control and Prevention weekly report of November 1, 2011, it reported that over 20,000 deaths are attributed to overdosing on prescription drugs. The same report indicated that in 2008 for the first time ever more deaths are attributed to drug overdose than to accidents.

The law office of Penney and Associates represents families in wrongful death claims throughout California with several satellite offices. According to attorney Arnold Hernandez from Penney and Associates, “the firm receives more referral’s from employee assistance programs than any other personal injury and wrongful death law firm in California.”

The wrongful death attorneys at the law firm of Penney and Associates are accepting new wrongful death claims and welcomes inquiries at all its offices in California. Further details on this case will be available at the law firms website at


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