Ina Gamble v. Neil Fond, M.D.
Published: Mar. 22, 1997 | Result Date: Mar. 7, 1997 | Filing Date: Jan. 1, 1900 |Case number: 230250RA – $0
Judge
Court
Kern Superior
Attorneys
Plaintiff
Matthew P. Todd
(Todd & Associates)
Defendant
Experts
Defendant
Hans Einstein
(medical)
Armand L. Dollinger
(medical)
Facts
In October 1994, decedent Wilburn O. Gamble, a 73-year-old retired cabinet maker, sought treatment from Neil Fond, M.D., for an injured finger and leg vericosities. He visited the defendant twice for treatment. Thirteen days after the final visit, the decedent suffered a terminal pulmonary embolism. The plaintiff, the decedent's wife, brought this wrongful death action against the defendant doctor based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The defendant made a settlement offer of $30,000 two years prior to litigation being filed. The plaintiff rejected the defendant's offer. During litigation, Dr. Fond would not consent. Thus, no offer was made.
Damages
The plaintiff asked the jury for $250,000 past general damages and $250,000 in future general damages.
Injuries
Death of a husband.
Other Information
The verdict was reached approximately one year and two months after the case was filed. A settlement conference was held on Feb. 13, 1997 before Judge Chapin. It did not resolve the matter. The defendant medical center settled for $30,000 prior to the plaintiff retaining counsel. Defendant Dr. Fond consented to $30,000 at a voluntary settlement conference. However, before the plaintiff accepted the offer, it was withdrawn.
Deliberation
4 hours
Poll
11-1
Length
4 days
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