My Lam v. David D. Dowling Jr., Sharp Memorial Hospital
Published: Apr. 8, 2003 | Result Date: Dec. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC781985 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Karen M. Harmon
(medical)
Scott P. Serden M.D.
(medical)
Facts
Dr. Dowling, a board-certified OB/GYN and maternal/fetal specialist, was on-call when the plaintiff
delivered a full-term female infant with vacuum-assistance on January 9, 2000. The infantÆs Apgars were 9 and she weighed 6 lbs. 15 oz. The plaintiff had a second-degree perineal laceration that was repaired without incident. The plaintiff returned one week later on January 16, 2000 to the office and was seen by Dr. DowlingÆs nurse. The plaintiff was complaining of vaginal odor and a feeling like her uterus was falling out. The nurse examined the plaintiff and located a 4x4 sponge in the vagina introitus. The nurse removed the sponge without incident. The plaintiff did not have a fever and there was no sign of an infection. The plaintiff claimed mental and physical injury. She claimed that she felt vaginal pressure for approximately two months after the sponge was removed. She claimed that she worried that she would get an infection, or that something bad would happen. The defense contended that the plaintiff suffered absolutely no harm as a result of the retained sponge for one week.
Settlement Discussions
The defendants made a C.C.P. Section 998 offer for zero dollars and a waiver of costs.
Specials in Evidence
$3,000
Injuries
The plaintiff claimed mental and physical injury. She claimed that she felt vaginal pressure for approximately two months after the sponge was removed. She claimed that she worried that she would get an infection, or that something bad would happen. The defense contended that the plaintiff suffered absolutely no harm as a result of the retained sponge for one week.
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