Confidential
Settlement – $625,000Court
Case Not Filed
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Denise E. Billups-Slone
(McNamara, Ambacher, Wheeler, Hirsig & Gray LLP)
Experts
Plaintiff
Carol R. Hyland M.A.
(technical)
Elaine L. Pico M.D.
(medical)
Joanna Moss
(technical)
Craig H. Lovett
(medical)
Defendant
James G. Gamble
(medical)
Barbara Bennett
(medical)
Timothy R. Sells
(technical)
Facts
The plaintiff is a severely retarded 12-year-old girl who was born with a chromosomal disorder, trisomy 8. The
plaintiff was a "functional ambulator" by age 7, however, she developed a crouch-like gait due to the tightness
of her hamstrings.
An orthopedist recommended bilateral proximal femoral osteotomies (shortening of the bones) and releasing
the hamstrings (tenotomies). Surgery was performed on March 1, 2001. The plaintiff was placed in a bilateral
straight-legged "spica" cast, which allegedly became too tight, effectively causing a vascular compromise
which resulted in a below-the-knee amputation of the left leg, one week post-surgery.
The defendant denied that the spica cast was applied too aggressively and expert
testimony was that the unfortunate leg loss resulted from a rare inflammation of the blood
vessels.
Settlement Discussions
The plaintiff's C.C.P. Section 998 demand for $1,250,000 expired prior to mediation with retired judge Richard Pasey of JAMS. Thereafter, the plaintiff's demand increased to $2 million. The defendant's first offer was $100,000. Several months of follow-up telephone conferences took place which resulted in a settlement of $625,000, $350,000 of which was structured.
Specials in Evidence
$335,868
Damages
Future mobility equipment, $55,035 and housing modifications, $70,022. The plaintiff's claims for future attending care were disputed because of the minor's pre-existing disabilities.
Injuries
The minor sustained a below-the-knee leg amputation which, because of her underlying disabilities, meant that she was unable to learn to walk again with a prosthetic leg.
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