Confidential
Settlement – $376,000Court
Confidential
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James H. Davis
(medical)
John C. Prince
(medical)
Alan Shanberg M.D.
(medical)
Defendant
James Ramsey
(medical)
Neil Chamberlin
(medical)
Reinhold Ullrich
(medical)
Facts
In the summer of 1992, the plaintiff, a 47-year-old sales person, presented to the defendant doctor for prolonged and painful menstrual cycles. The plaintiff had these problems her entire life, having undergone 10 D&C's throughout her lifetime. Her prior OB/GYN had placed her on allegedly inappropriate hormone-replacement therapy. The defendant saw the plaintiff several times, and in December 1992, she told the plaintiff that her only remaining option was a hysterectomy. A concurring "second opinion" was obtained from another OB/GYN in the defendant's office. The defendant performed the hysterectomy on Dec. 14, 1992. She used a "Polysorb Stapler" to staple the vaginal cuff closed. About two weeks later, the plaintiff became incontinent of urine. She was seen by several urologists, who diagnosed a vesicovaginal fistula. The plaintiff underwent two attempted repairs of the fistula, which both failed. The plaintiff was finally referred to another doctor who diagnosed the recurrent fistula, and he successfully repaired the fistula in December 1993. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $384,000, reduced to $200,000 (per the plaintiff). The defendant made a C.C.P. º998 offer of compromise for $55,000 (per the defendant) or $75,000 (per the plaintiff).
Specials in Evidence
collateralized $120,000 $15,000
Injuries
The plaintiff alleged she suffered an unnecessary hysterectomy and a vesico-vaginal fistula, resulting in incontinence and requiring surgical repair.
Other Information
The award was reached approximately two years and nine months after the case was filed. ARBITRATION: The arbitration was held on Dec. 3 and 4, 1996 before Donald Ruston, Esq., Peter Callahan, Esq., and Michael Packer, Esq. Per the defendant, the award in favor of the plaintiff was based solely on a lack of informed consent.
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