Wrongful Death Lawsuit Involving Death of TV Spokeswoman

The husband of Leslie Fishbein, a Denver business woman, philanthropist, and TV personality, has filed a wrongful death lawsuit following her death on March 19, 2008. Ms. Fishbein, known for appearing in television ads for her company, Kacey Fine Furniture, had been in the hospital since March 4. She had sought treatment for chronic back pain that she suffered after a horseback fall in 2002. After being admitted to the hospital, doctors gave Ms. Fishbein an injection to counter the pain. She, however, suffered a serious reaction to the injection and fell into a coma.

Ms. Fishbein’s family named Dr. Daniel Brookoff, HCA-HealthOne, and HealthOne Clinic Services - Medical Specialties as defendants in the suit, according to reports in the Rocky Mountain News. The family alleges that Dr. Brookoff was providing trigger point injections into Ms. Fishbein’s back, with a drug called Marcaine. They allege that the doctor injected the drug into either Ms. Fishbein’s blood vessel or her spinal canal, which then caused cardiac arrest. Furthermore, they argue that Dr. Brookoff did not have the proper resuscitation medications or equipment to deal with Ms. Fishbein’s reaction to the injection.

What is a wrongful death claim and who can bring a wrongful death claim?
A wrongful death claim is a lawsuit that arises when an individual is killed as a result of the negligence of another person. A wrongful death lawsuit is different from other types of personal injury claims because the actual victim (the “decedent”) is not the person bringing the lawsuit; rather, it is the family members of the decedent or the representative for the decedent’s estate who are initiating the lawsuit.

Colorado’s wrongful death laws are found in Colorado Revised Statutes under C.R.S. 13-21-201 et.seq. (To view the applicable statutes, please visit Michie’s Legal Resources for Colorado and select the Colorado Revised Statutes Folder, then search for “Wrongful Death”). Pursuant to Colorado law, the surviving spouse has the exclusive ability to bring a claim during the first year after the death. After the first year, the surviving spouse and children then have standing to bring a claim. A wrongful death action has a two year statute of limitations in the State of Colorado.

What damages are available for a wrongful death lawsuit?
As Ms. Fishbein’s wrongful death case moves forward, a court may eventually determine that her husband is entitled to compensation under Colorado law. Some types of wrongful death damages face limits on the maximum amount of recovery possible. Colorado law does allow for monetary recovery for lost benefits, loss of support, as well as loss of love, care, companionship, comfort, assistance, or protection. Punitive damages may also be possible. In some cases, expenses associated with the death may also be recovered, such as funeral or medical expenses.



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