Randall Schreck v. Shagufta S. Khan, M.D., International Laser Hair Transplant Surgery Center
Published: Apr. 10, 1999 | Result Date: Jan. 11, 1999 | Filing Date: Jan. 1, 1900 |Case number: 717198 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Experts
Plaintiff
Leonard Glass
(medical)
Dr. Briganti
(medical)
Defendant
Matthew Gleason
(medical)
Raffi Ishkhan Simonian
(medical)
Facts
The issues presented in the case pertained to the effect of preoperative Valium given to the plaintiff. According to the records, the plaintiff received Valium at 7 a.m., and additional Valuim at 8:30 a.m. There was a discrepancy in the medical records such that the total amount of Valium given appeared to be 30 milligrams versus 20 milligrams as reflected by the log maintained by the defendant physician and by virtue of the descriptions given by the plaintiff as to the medications he had received that morning. The plaintiff stated that he had received preoperative Valium which was taken the evening prior to surgery pre-operative Valium at approximately 7 a.m., additional Valium at 8:30 a.m. and further Valium at approximately 1:30 p.m. This was denied by the defendant. The plaintiff's surgery was completed at 3:30 p.m., and he was discharged at 4:30 p.m. The plaintiff then drove some 36 miles before stopping at a park while en route to his home. Apparently, while he was en route home, he consumed additional Valium and a Vicodin. After stopping at the park, he drove an additional mile and was involved in a collision after running a red light. The accident resulted in property damage and minor physical injuries. As a result of the accident, the plaintiff was ultimately charge with driving under the influence of drugs and later plead guilty to a charged of reckless driving. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
No defense offer other than a waiver of costs. The plaintiff's counsel asked the jury to award $11,900 in economic damages including attorneys for the defense of the DUI case, a court imposed fine and for the property damage to his own vehicle. The plaintiff's counsel also asked for non-economic damages of at least $100,000. The defense asked the jury to award no damages. The settlement offer of plaintiff was $29,999.99
Other Information
The verdict was reached approximately one year after the case was filed.
Deliberation
3½ hours
Poll
10-2
Length
three days
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