Griff R. and Cathy Ace v. Ram Mudiyam, M.D., Michael Ong, M.D., et al.
Published: Dec. 31, 1994 | Result Date: Nov. 7, 1994 | Filing Date: Jan. 1, 1900 |Case number: 718815 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stuart Baumgard
(medical)
Ronald H. Wender
(medical)
Wayne H. Lancaster
(technical)
Paulette Hunnewell
(technical)
David Gallina
(medical)
Defendant
Theodore Vavoulis
(technical)
Jack Zigler
(medical)
Tom Daly
(technical)
Donald Allen Kroll
(medical)
Edward L. Workman
(technical)
Facts
On April 29, 1992, while unloading a truck during the course and scope of his employment, Plaintiff Griff Ace, a right-handed 35-year-old truck driver, injured his back. At the time Plaintiff had been employed by King Provision, located in Sarasota, Florida. The resultant injury was an L5-S1 disc herniation. Plaintiff then moved to California and underwent unsuccessful conservative treatment ordered by Defendant Znider; he was then referred to Defendant Mudiyam who recommended surgery. On October 15, 1992, Plaintiff was admitted to Fountain Valley Regional Hospital and underwent a lumbar laminectomy at L5; left L4 hemilaminectomy; L4-S1 discectomy and foraminotomy; posterior spinal fusion at L4-S1 with Cotrel-Dubousset instrumentation and pedicle screw fixation with left iliac bone graft under general controlled hypotensive anesthesia administered by Defendant Ong. The surgery was performed by Defendant Mudiyam and lasted several hours. During the operation, Plaintiff was positioned prone on the CHOP frame. Several hours after surgery, Plaintiff awoke with numbness of the right arm and shoulder, which necessitated physical therapy and rehabilitation.
Settlement Discussions
Defendants contend they offered a package of $75,000 on the day of trial ($29,999 each from Ong and Mudiyam and $15,000 from F.V.R.H.); Plaintiffs demanded $750,000 early in the case; 30 days prior to trial, the demand was reduced to $200,000 from each Defendant pursuant to CCP Section 998.
Specials in Evidence
Workers' comp Workers' comp $300,000 plus Workers' comp
Injuries
Plaintiff claimed brachial plexus injury to the right shoulder and arm with resultant paralysis and permanent loss of sensation and motor function.
Other Information
Defendant hospital settled out prior to trial, in the amount of $15,000.
Deliberation
1 day
Poll
9-3
Length
12 days
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