Schoenrock v. Cigna Health Plan of Ariz., Inc
In Schoenrock v. Cigna Health Plan of Ariz., Inc., 148 Ariz. 548, 550, 715 P.2d 1236, 1238 (App. 1985), the decedent settled his medical malpractice lawsuit against the defendants for failure to timely diagnose lung cancer. 148 Ariz. at 548-49, 715 P.2d at 1236-37.
After the decedent passed away, his wife brought a wrongful death lawsuit against those same parties. Id. at 549, 715 P.2d at 1237.
The trial court granted summary judgment in favor of the defendants, and this court affirmed. Id. at 549, 551, 715 P.2d at 1237, 1239.
The Court explained that "even if the decedent's injury had not resulted in death, he still would be precluded from maintaining an action because of the settlement." Id. at 551, 715 P.2d at 1239.
Accordingly, the Court concluded that "the decedent's settlement and release of his personal injury claim prior to death extinguished any claim for wrongful death." Id.