Rhoda Ward and Gene Ward v. Martin Siparsky, M.D.
Published: Feb. 15, 1997 | Result Date: Jul. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: 94CV2501 Verdict – $1,514,320
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James F. Sexton
(The Sexton Law Firm)
(medical)
Defendant
Doran Ryan
(medical)
Marris Clark
(medical)
Facts
On May 21, 1992, plaintiff Rhoda Ward, a 48-year-old loan officer, treated with defendant Martin Siparsky, D.M.D. The plaintiff who had previously had radiation treatments to her jaw claimed that the defendant negligently removed a tooth in her mandible without requiring that she undergo hyperbaric oxygen treatments. She also claimed that the defendant failed to inform her of the risk of incurring osteoradionecrosis from the tooth removal. The defendant contended that he was not negligent and that he informed the plaintiff of the related risks. The plaintiff brought this action against the defendant based on medical malpractice, negligence and lack of informed consent theories of recovery.
Settlement Discussions
The plaintiff made a final settlement demand of $450,000. The defendant made a final settlement offer of $275,000.
Injuries
The plaintiff alleged loss of the left side of her jaw requiring a jaw resection and placement of prosthetics. She claimed disfigurement, permanent impairment, loss of past and future income and past and future medical expenses.
Other Information
The verdict was reached approximately two years and two months after the case was filed. The trial court determined that the $250,000 cap on "non-economic" damages under the Colorado Health Care Availability Act did not apply to damages for disfigurement and permanent impairment.
Deliberation
2½ days
Poll
_________ (#s pls.)
Length
12 days
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