Jim Poff v. John Wall, M.D.
Published: Mar. 25, 2003 | Result Date: Jan. 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV792759 Verdict – $192,910
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Bradford J. Hinshaw
(Hinshaw, Marsh, Still and Hinshaw LLP)
Experts
Plaintiff
Allan Greenwald
(medical)
Arthur J. Ting
(medical)
Ronald W. Morrell
(technical)
Defendant
Stuart B. Goodman
(medical)
Facts
On July 4, 1999, the plaintiff, then 35 years old, crashed his dirt bike at an off-road park in Hollister. X-rays revealed a severe comminuted distal tibia fracture that extended to the articular surface. There was also a distal fibula fracture. On July 5, 1999, the defendant John Wall, M.D., attempted an open reduction internal fixation. This was an AOC-3 Pilon fracture, a high-energy fracture. The plaintiff contended that the fracture went on to non-union/mal-union requiring fusion of the right ankle by Arthur Tring, M.D., because the original orthopedic surgeon failed to properly buttress the fracture at the time of the original surgery. Both Drs. Arthur Ting and Allan Greenwald testified that the fracture repair was "doomed to fail" based upon the inadequate fixation. Dr. Wall initially told the plaintiff that due to the severe comminution, it was unlikely that the patient would ever have normal function of his ankle.
Settlement Discussions
The plaintiff submitted a demand of $175,000; the defendant indicated but never offered $29,999.99.
Specials in Evidence
$22,910 $20,000 $125,000
Deliberation
one day
Length
five days
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