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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

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

Jan Pluim

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

John A. Furutani
(Law Offices of John A. Furutani)

Stephen Riggs


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


#107085

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