Joseph E. Gardner, Shirley Gardner v. Pomona Valley Medical Center, et al.
Published: Jan. 11, 1997 | Result Date: Nov. 1, 1996 | Filing Date: Jan. 1, 1900 |Case number: KC017396 – $1,309,430
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Debra A. Smith
(U.S. Equal Employment Opportunity Commission)
Defendant
Experts
Plaintiff
Guisella Sandol
(medical)
Habib Anwar
(medical)
Santos Mahanty
(medical)
Randy E. Stotland Ph.D.
(medical)
Robert H. Wallace
(technical)
Jerome C. Stenehjem M.D.
(medical)
Defendant
Gerald Friedman
(medical)
Agnes M. Grogan R.N.
(medical)
Stewart L. Shanfield
(medical)
William E. Hardy
(medical)
Peter Gaal
(medical)
Bradley Taylor
(medical)
G. Michael Morris
(medical)
Facts
On April 26, 1993, plaintiff Joseph Gardner, a 26-year-old security guard, suffered a gunshot wound to his left lower chest. His colon was perforated and an exploratory laparotomy failed to detect the perforation. A left nephrectomy was performed. The plaintiff went into a coma and pressure sores development. The plaintiffs, Joseph Gardner and his wife, Shirley, brought this action against the defendants based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1 million. Per the plaintiff, the defendant offered to settle for a waiver of costs.
Specials in Evidence
$180,000 (per the defendant) or $125,000 (per the plaintiff) $65,000 $350,000 (present value) $700,000
Damages
Plaintiff Shirley Gardner claimed loss of consortium.
Injuries
Plaintiff Joseph Gardner claimed bilateral decubiti on heels, peritonitis, acute renal failure and chronic dialysis.
Other Information
The verdict was reached approximately two years and 2 months after the case was filed. A settlement conference was held on Sept. 24, 1996. It failed to resolve the matter.
Deliberation
15 days
Poll
12-0 (against the hospital), 9-3 (defense, as to the defendant urologist), 6-6 (defense, as to the defendant surgeon)
Length
15 days
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