John L. Allen v. Richard Nussbaum, M.D.
Published: Dec. 24, 1994 | Result Date: Nov. 18, 1994 | Filing Date: Jan. 1, 1900 |Case number: LC007106 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Jack L. Vandernoot
(medical)
William Bryan
(medical)
Defendant
Charles T. Resnick
(medical)
Facts
On December 9, 1989, Plaintiff John L. Allen, a 41-year-old sheet metal worker, was struck by an automobile. He sustained fractures of his left elbow and hip. Defendant Dr. Richard Nussbaum, M.D., an orthopedic surgeon, was called to the emergency room at the Valley Presbyterian Hospital to address the orthopedic injuries. The patient was taken to surgery at which time Dr. Nussbaum, assisted by another orthopedic surgeon, attempted to reduce the fracture of the elbow by way of an open reduction and internal fixation. Subsequent X rays demonstrated that there was mal-alignment and an incomplete reduction of the fracture; in addition the metal hardware utilized to hold the fracture fragments in place "fell apart." The patient went on to non-union of the elbow joint and sustained cartilage damage as a result of the loose hardware lodging in the elbow joint.
Settlement Discussions
Defendant contends his offer was $30,000 and Plaintiff demanded $150,000; reduced to $75,000 before trial.
Specials in Evidence
collateralized not claimed
Damages
Medical expenses were in excess of $200,000; however, they were satisfied by collateral sources and not placed into evidence. Plaintiff made no claim for loss of earnings or earning capacity by virtue of acknowledging his inability to return to work following the accident as a result of being confined to a wheelchair.
Injuries
Non-union of the elbow fracture requiring subsequent surgery.
Deliberation
1.5 hours
Poll
12-0
Length
7 days
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