Manuel Bustamante, Carolina Bustamante v. Lance Altenau, Sohaid Kureshi, Scripps Mercy Hospital, Friendship Manor Nursing and Rehabilitation Center
Published: Apr. 29, 2003 | Result Date: Feb. 19, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC780976 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Clark R. Hudson
(Neil Dymott Hudson, APLC)
Experts
Plaintiff
Marianne Inouye MBA
(technical)
Sharon K. Kawai M.D.
(medical)
J. Patrick Johnson
(medical)
Defendant
Cary P. Mack
(technical)
Jerome C. Stenehjem M.D.
(medical)
Howard Tung M.D.
(medical)
Facts
On May 17, 2001, the plaintiff, Manuel Bustamante, suffered a fracture of his cervical spine. The plaintiff had a pre-existing ankylosing spondylitis which made the plaintiff's spine stiff and prone to fracture. Surgery to stabilize was done anteriorly and posteriorly at only one level on C6-7. Posterior plates failed on June 2, 2001. A second surgery removed posterior plates, left anterior plates alone. A halo was then placed on June 5, 2001. The plaintiff moved in the halo two days later, C-6 shifted on C-7. The plaintiff became a quadriplegic. Both the plaintiffs and his wife alleged that the defendant negligently failed to stabilize the plaintiff's spine, allowing it to shift and permanently damage his spinal cord, leaving him a quadriplegic.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $1,750,000; The plaintiff's wife made a C.C.P. Section 998 demand of $249,999. There were no offers.
Specials in Evidence
$625,825 $817,000
Other Information
The defendant has advised that an appeal is likely.
Deliberation
one day
Poll
11-1
Length
eight days
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