Joshua Goldstein v. James Wang, DPM; Medstar Foot & Ankle Center
Published: Jan. 19, 2002 | Result Date: Dec. 3, 2001 | Filing Date: Jan. 1, 1900 |Case number: LC052778 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Robert C. Baker
(Baker Keener & Nahra LLP)
R. Jeffrey Neer
(Coleman Frost LLP)
Defendant
Roland C. Colton
(Colton Law Group)
Dennis K. Wheeler
(Koeller, Nebeker, Carlson & Haluck)
Experts
Plaintiff
Kendall S. Wagner M.D.
(medical)
Jay M. Shuken
(technical)
William Orien
(medical)
Peter Formuzis Ph.D.
(technical)
Facts
In September 1998, the plaintiff presented at Medstar Foot & Ankle Center with a complaint of an ingrown
toenail on his right big toe. During the treatment, which included the surgical removal of the toenail, Jeanna
Libed, DPM asked the plaintiff about any other foot complaints. The plaintiff advised that two years
previously, he had struck the instep of his left foot on a curb while jogging and it had caused him some
discomfort since then.
Dr. Libed referred the plaintiff to the defendant who diagnosed the plaintiff as having posterior tibial tendon
dysfunction and a unilateral flat foot condition. The defendant treated the plaintiff conservatively through
December 1998.
The plaintiff then left the defendantÆs care, and in a chance meeting returned to the
defendant in June 1999. The defendant performed a Kidner procedure with an arthrodesis for the
PTT dysfunction. Post-surgically, the plaintiff claimed to be in an inordinate amount of pain and
unable to perform any of the activities he could perform prior to the surgery. He became
depressed and sought mental health counseling alleging that he was incapable for some period
of time to pursue his profession as a television and motion picture screenwriter.
Damages
The plaintiff alleged that he endures continual pain and disability due to an unwarranted surgery.
Deliberation
three hours
Poll
10-1 (1 undecided)
Length
three weeks
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