Starn O'Toole Marcus & Fisher A Law Corporation

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Starn O’Toole Marcus & Fisher LC, Judith Ann Pavey, Mark J Bennett Win Mamea Settlement

May 25, 2013 | Share

In 2011, Hawaii Federal District Court Judge Leslie E. Kobayashi awarded $7.5 million to Siuila and Felise Mamea for injuries Siuila suffered as a result of malpractice at Tripler Army Medical Center.  Mrs. Mamea was improperly treated for multiple kidney stones in 1997-8 in a way that damaged her kidneys and Tripler failed to implement a follow up treatment plan for management of her underlying condition.  As a result, Mrs. Mamea suffered End Stage Renal Disease in 2005 and has been on dialysis 3 days a week since that time while she waits for a transplant.   

Judith Ann Pavey and Mark D. Kamitomo were co-trial counsel responsible for obtaining the $7.5 million Judgment. 

After Judgment was entered, the government raised a new argument claiming that the FTCA statute of limitations was preempted by a Hawaii statute of limitations.  Judge Kobayashi ruled that the FTCA statute of limitations governed.  The government appealed the single-issue raised post-trial and leveraged the time it takes to process an appeal against the Mameas who desperately needed the funds. 

The firm wrote the Ninth Circuit brief and Mark J. Bennett argued the case in the Ninth circuit in November 2012.  Mr. Bennett’s argument can be heard online at Mamea Appeal, 9th Circuit Court.  Following the argument, after putting the appeal on hold, in April 2013  the United States finally agreed to pay the Mameas $6.5 million to settle the case. 

       

Judith Ann Pavey               Mark J Bennett


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