Delores Cerda v. Wilson Morales, M.D., et al.
Published: Aug. 12, 1995 | Result Date: Jul. 21, 1995 | Filing Date: Jan. 1, 1900 |Case number: VC015179 – $25,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Neil D. Kravetz
(medical)
Arthur Diamond
(medical)
Defendant
Harvey D. Segall
(medical)
Brendan J. Carroll
(medical)
Facts
On January 2, 1993, Defendant Wilson Morales, M.D., operated on Plaintiff Delores Cerda at Defendant medical center; the procedure was a total abdominal hysterectomy. Just before closure, Defendant doctor noticed a .5cm tip of a metzenbaum scissors was missing. X rays of the Plaintiff's abdomen and search of operating room revealed nothing. Two months later, the tip was located in the Plaintiff's abdominal cavity with the aid of another X ray. At the time Plaintiff was a 38-year-old woman.
Settlement Discussions
Defendants contend they offered $5,000 and Plaintiff demanded $25,000 prior to trial reduced to $15,000 on the day of trial.
Specials in Evidence
not disclosed not disclosed
Injuries
Abdominal, thigh, and leg pains were claimed by Plaintiff. No treatments and/or surgeries were disclosed. Plaintiff claimed severe and continuing pains which prevented her from working. Plaintiff's husband claimed loss of consortium.
Other Information
Defendant medical center settled on the day of trial for $25,000.
Deliberation
5 hours
Poll
9-3
Length
6 days
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