Barbara Kohl v. Vance Polich
Published: Mar. 29, 2001 | Result Date: Feb. 23, 2001 | Filing Date: Jan. 1, 1900 |Case number: GC024041 Verdict – $0
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
John A. Furutani
(Law Offices of John A. Furutani)
Defendant
N. Denise Taylor
(Taylor DeMarco LLP)
Facts
The plaintiff, a 44-year-old nurse, was diagnosed with ductal carcinoma insitu of the right breast in September
1998, and her surgeon recommended a mastectomy. She consulted with the defendant, a plastic surgeon, on
Oct. 7, 1998, to discuss immediate reconstruction at the time of the mastectomy. She advised the defendant
that she did not want implants. The defendant recommended the TRAM flap procedure, which involves taking
abdominal tissue and tunneling it up to the chest area, creating an artificial breast mound from natural tissue.
The plaintiff had the mastectomy and TRAM flap procedure on Oct. 23, 1998.
Post-operatively, she had delayed healing of the abdominal scar, and when the wound healed, she had a
hypertrophic scar. She also developed the complications of fat necrosis in the right breast and an inverted
nipple. She had an abdominal scar revision and new nipple created by another plastic surgeon.
Settlement Discussions
The plaintiff demanded $29,999. The defendant offered a waiver of costs.
Specials in Evidence
$900 $8,000 $2,500
Injuries
Need for additional surgeries to revise the abdominal scar and for the inverted nipple. Hard lump in the right breast causing pain, which will require additional surgery in the future.
Deliberation
40 minutes
Poll
12-0
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390