Iacovino v. The Regents of the University of California and Franklin Hoaglund, M.D.
Published: Apr. 10, 1999 | Result Date: Mar. 10, 1999 | Filing Date: Jan. 1, 1900 |Case number: 990430 Verdict – $166,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Michael T. Lucey
(Gordon & Rees LLP)
Experts
Plaintiff
Michael Sension
(medical)
Martin Blinder M.D.
(medical)
Michael Giordano
(medical)
Robert McConnell
(medical)
Defendant
James V. Luck
(medical)
Facts
Plaintiff Iacovino, an HIV positive man, had vascular necrosis in his shoulders for two years. He was referred to defendant Dr. Franklin Hoaglund for a consultation for total shoulder replacement surgery. Dr. Hoaglund told the plaintiff that his risk of post-operative infection was severe due to low T-cells and wrote "no operation candiate due to CD-4 count" on a referral for physical therapy; and told the plaintiff "hope for a cure" regarding his HIV status when asked what plaintiff would do without surgery. When plaintiff saw Dr. Hoaglund, he was taking high doses of Morphine for pain and Prednisone for AIDS-related asthma. The plaintiff sued for violation of Unruh Act, medical malpractice and intentional infliction of emotional distress.
Settlement Discussions
The plaintiff made a settlement demand of $200,000 (as per plaintiff), $980,000 (as per defendant). The defendants offered to settle for $120,000.
Other Information
The verdict was reached approximately one year and five months after the case was filed. EXPERT TESTIMONY: The plaintiff's expert testified that any T-cell (including zero) was not a contraindication for major surgery. The defendants' expert testified that patients with compromised immunological systems, like those who are HIV positive, are at significant increased risk of late post-operative infection following total shoulder replacement surgery, which may lead to additional surgery to remove the implant and a condition called a "flail shoulder."
Deliberation
1½ days
Poll
10-2 (malpractice), 9-3 (discrimination)
Length
nine days
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