429 P.3d 605 (Hawai’i App. 2018), CAAP-15-0000905, Persin v. State

Docket Nº:CAAP-15-0000905
Citation:429 P.3d 605, 143 Hawai‘i 283
Party Name:Aaron David PERSIN, Plaintiff-Appellee, v. STATE of Hawai‘i, State of Hawai‘i Department of Public Safety, Oahu Community Correctional Center, Sisar Paderes, M.D., Defendants-Appellees, and Altres Staffing, Inc., dba Altres Medical, Defendant-Appellant, and Doe Nurses 1-10, Doe Doctors 1-10, Doe Health Care Providers 1-10, and Doe Entities 2-10...
Attorney:Richard Turbin, Rai Saint Chu, Janice D. Heidt, (Turbin Chu Heidt, A Law Corporation), Honolulu, and James S. Bostwick, (Bostwick & Peterson, LLP), San Francisco, CA, for Plaintiff-Appellee. Caron M. Inagaki, Mark M. Nomura and Dennis K. Ferm, Deputy Attorneys General, for Defendants-Appellees. K...
Judge Panel:By: Ginoza, Chief Judge, Fujise and Chan, JJ.
Case Date:October 31, 2018
Court:Court of Appeals of Hawai'i, Intermediate
 
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Page 605

429 P.3d 605 (Hawai’i App. 2018)

143 Hawai‘i 283

Aaron David PERSIN, Plaintiff-Appellee,

v.

STATE of Hawai‘i, State of Hawai‘i Department of Public Safety, Oahu Community Correctional Center, Sisar Paderes, M.D., Defendants-Appellees, and Altres Staffing, Inc., dba Altres Medical, Defendant-Appellant, and Doe Nurses 1-10, Doe Doctors 1-10, Doe Health Care Providers 1-10, and Doe Entities 2-10, Defendants.

No. CAAP-15-0000905

Intermediate Court of Appeals of Hawai‘i

October 31, 2018

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 13-1-1571-05).

On the briefs:

Richard Turbin, Rai Saint Chu, Janice D. Heidt, (Turbin Chu Heidt, A Law Corporation), Honolulu, and James S. Bostwick, (Bostwick & Peterson, LLP), San Francisco, CA, for Plaintiff-Appellee.

Caron M. Inagaki, Mark M. Nomura and Dennis K. Ferm, Deputy Attorneys General, for Defendants-Appellees.

Kenneth S. Robbins, Catherine L. Aubuchon and Kelly A. Higa, (Bronster Fujichaku Robbins), Honolulu, for Defendant-Appellant.

By: Ginoza, Chief Judge, Fujise and Chan, JJ.

SUMMARY DISPOSITION ORDER

In this appeal arising out of a medical malpractice action, Defendant-Appellant Altres Staffing Inc., dba Altres Medical (Altres) appeals from the "Order Granting the Petition for Determination of Good Faith Settlement Filed by Defendants State of Hawaii and Sisar Paderes, M.D. on September 22, 2015," (Order Granting Good Faith Settlement) filed on November 17, 2015 in the Circuit Court of the First Circuit (circuit court).1

This case involves a medical negligence claim filed by Plaintiff-Appellee, Aaron David Persin (Persin) against Defendant-Appellees State of Hawai‘i (State), State of Hawai‘i Department of Public Safety (DPS), Oahu Community Correctional Center (OCCC), Sisar Paderes, M.D. (Dr. Paderes), and Altres stemming from the medical treatment Persin received while incarcerated at OCCC from September 30, 2011 to October 5, 2011. Persin alleges that as a result of his care and treatment at OCCC, he underwent extremity amputations of both of his feet and all of his fingers and suffered permanent kidney damage.

On May 29, 2013, Persin filed a complaint alleging medical and nursing negligence in the circuit court, initially only against the State, DPS, OCCC and Dr. Paderes. It was only discovered during the deposition phase that, of the five nurses allegedly involved in the case, two of the nurses were employed by Altres at the time of the alleged incident. Persin subsequently filed a First Amended Complaint naming Altres as a defendant on May 28, 2015.

From July 2, 2015 to September 4, 2015 all parties were involved in formal mediation. Although Altres participated in the mediation meetings, it did not make any offers of settlement. However, Persin, the State and Dr. Paderes came to a settlement agreement which involved a payment of $7.2 million to Persin.

On September 22, 2015, the State and Dr. Paderes filed a Petition for Determination of Good Faith Settlement (Petition). The circuit court entered its Order Granting Good Faith Settlement on November 17, 2015. Thereafter, Altres filed its Notice of Appeal on November 25, 2015.

On appeal, Altres contends that the circuit court erred because: (1) the circuit court’s interpretation of Troyer

2 weighed in favor of Altres in precluding a determination of a good...

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