Herbert Green, Donna Green v. Parvis Galdjie, et al.
Published: Apr. 12, 2001 | Result Date: Jan. 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: PC019002Y Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
James J. Kjar
(Kjar, McKenna & Stockalper LLP)
Experts
Plaintiff
Tye J. Ouzounian M.D.
(medical)
Defendant
Robert Fields
(medical)
Facts
Plaintiff Herbert Green was 68 years old when he injured his left foot attendant to a fall on March 1, 1996. The
plaintiff consulted his family physician, who apparently obtained and interpreted X-rays as normal. The
plaintiff returned over the next several days, complaining of pain and was referred to Dr. Parvis Galdjie for an
orthopedic consultation. When Dr. Galdjie reviewed the X-rays, he concluded that they demonstrated a
Lisfranc fracture of the left foot and had plaintiff admitted to defendant hospital (settled) where Dr. Galdjie
proceeded to perform an open reduction and internal fixation of the Lisfranc fracture dislocation on March 4.
The plaintiff was discharged on March 6, with a walker and instructions to remain non-weight bearing.
On March 8, the plaintiff returned to Dr. GaldjieÆs office advising that his right knee had given out and he had
fallen forcefully on his left foot. X-rays demonstrated that the reduction had been disrupted thereby
necessitating the plaintiff again being admitted to the hospital for re-operation.
The plaintiff was discharged on March 11 and followed with Dr. Galdjie as an outpatient.
On March 19, the plaintiff was running a fever and the bottom of the plaintiffÆs cast was completely wet. Dr.
Galdjie replaced the cast and had the plaintiff admitted to defendant hospital for IV antibiotics and a
consultation with an infectious disease specialist. The infectious disease specialist assessed a probable
infection of the left foot.
The plaintiff was hospitalized and his left foot infection was treated until he discharged on May 14. Dr. Galdjie
next saw the plaintiff in his office on May 17, at which time it was noted that the wound was healing slowly
and that X-rays demonstrated a total disruption of reduction of forefoot dislocation and metatarsal fracture.
Dr. Galdjie continued to follow the plaintiff, next seeing him May 31, at which time it was again noted that the
wound was healing well and that there was no apparent infection at that time. Dr. Galdjie last saw the plaintiff
on June 18, at which time he noted that plaintiff had an infection in his foot and needed to see an infectious
disease specialist for evaluation and IV antibiotics. The referral was made and Dr. Galdjie never had occasion
to see the plaintiff again.
From June 1996 through May 1998, the plaintiff was treated for the ulcer on his left foot and ultimately
underwent a left below the knee amputation.
Settlement Discussions
The plaintiffs demanded $250,000. The defendant offered a waiver of costs for dismissal.
Specials in Evidence
$200,000
Damages
The plaintiff's wife claimed $250,000 for loss of consortium.
Other Information
Co-defendant hospital settled for $10,000 and co-defendant doctor settled for $29,999.99 prior to the commencement of trial.
Deliberation
two days
Poll
12-0 (no negligence)
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390