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Personal Injury
Medical Malpractice
Negligent Surgery

Elana Sacks v. Lorenzo G. Walker

Published: May 20, 2003 | Result Date: Jan. 10, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CIV205681 Verdict –  $0

Judge

John J. Hunter

Court

Ventura Superior


Attorneys

Plaintiff

Steven L. Saldo
(Saldo Law Group)


Defendant

Harold H. Gartner III


Experts

Plaintiff

Stephanie R. Rizzardi-Pearson
(technical)

Moulton K. Johnson
(medical)

Defendant

Edward T. Kelley
(technical)

Brent W. Miller
(medical)

Ted Vavoulis
(technical)

Facts

On Nov. 2, 1999, the plaintiff, a 33-year-old female, fractured her right thumb after slamming it in the restroom door while at work. She saw a physician before seeing the defendant hand surgeon. After some conservative treatment (casting and physical therapy) which was unsuccessful, the defendant chose to perform surgery on the plaintiff which involved internal fixation of the MP joint and a trigger finger repair on Feb. 10, 2000. As the plaintiff's condition did not improve, a second surgery to remove scar to further her range of motion was performed on June 22. Again, her condition did not improve and plaintiff claimed that she developed reflex sympathetic dystrophy following the second surgery. The plaintiff sued for surgical negligence. The defendant contended that his care and treatment met the standard of care.

Settlement Discussions

The plaintiff demanded $250,000; there was no offer.

Specials in Evidence

covered under workers' compensation The plaintiff submitted a claim for approximately $396,000

Injuries

The plaintiff claimed RSD or complex regional pain syndrome with pain to her dominant hand, arm, shoulder and back. She was put on pain medication and had a series of physical therapy treatments.

Other Information

According to defense counsel, an appeal was waived for a waiver of costs.

Deliberation

one day

Poll

9-3

Length

seven days


#106669

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