Gordon v. University of California
Published: Apr. 20, 2002 | Result Date: Jun. 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: 99AS05222 Verdict – $1,429,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jorge Daaboul
(medical)
Karen Abbot
(medical)
Lisa Hardy
(medical)
Defendant
John Palmer
(medical)
Mark Susskind
(medical)
David Geller
(medical)
Facts
Troy Gordon was born, jaundiced and hypoglycemic on Jan. 19, 1994, at the University of California at Davis. A
circumcision was contemplated but postponed while his condition was monitored. On the fifth day, his
condition had improved to the point where he was to be discharged and the parents requested a consultation
with his physician to determine if the circumcision should be performed. They were to told to come back in one
hour, after rounds were completed, for this discussion.
When they returned, they learned the circumcision had been done in their absence. Unknown to them, it had
been done by a resident who had, it was conceded later, botched the procedure by removing excessive skin. As
a consequence of the resulting scar tissue and hypopituitarism the penis retracted within the scrotum and
remained buried.
The plaintiff sued on the grounds of battery and negligence and prevailed on both counts. The court held that
the battery cause of action was not subject to MICRA and that damages were not subject to the cap.
The defendant appealed that judgment but abandoned its appeal when the opening brief was due.
Settlement Discussions
The plaintiff demanded $325,000. The defendant initially made no offer, then offered $120,000 at mediation. The plaintiff demanded $750,000 at trial but no other offer was made.
Specials in Evidence
$83,000
Injuries
Excessive removal of foreskin resulting in scarring and contracture and a completely buried penis. The penis remained buried at the time of trial.
Result
The defendant prevailed on the cause of action regarding negligent failure to diagnose HP.
Other Information
The defendantÆs motion to reduce verdict to MICRA cap and periodic payments were denied by the court, which held MICRA inapplicable to a battery cause of action.
Deliberation
1.5 hours
Poll
9-3 (no negligent failure to diagnose HP), 10-2 (battery), 9-3 (damages)
Length
13 days
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