Keonni Robinson v. Randall J. Vecchione, David Sincavage
Published: Jul. 22, 2003 | Result Date: Jun. 9, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC791231 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Hugh A. McCabe
(Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson)
Experts
Plaintiff
Robert Cockrell
(medical)
Defendant
Davis L. Cracroft
(medical)
Michael J. Halls
(medical)
Facts
On Dec. 15, 2000, the minor plaintiff was playing in a bathtub with a glass pickle jar. She fell on it causing a large laceration to her left hip/buttock. She was taken to an urgent care center where the wound was cleaned and examined. She was told that she needed to have it stitched at a hospital. She then went to the hospital where she was seen by staff and the defendant Dr. Sincavage. The wound was cleaned and prepared for closure. Prior to closure, the defendant physician called in a consult with the plastic surgeon and co-defendant, Dr. Vecchione. Because of the age of the girl and the size of the potential scar, all efforts needed to be made to limit scar tissue. The co-defendant, Dr. Vecchione, examined the wound and found no foreign bodies. He stitched the plaintiff up. Neither Dr. Sincavage nor Dr. Vecchione ordered an x-ray. One year later, the plaintiff had some drainage in the area of her scar. She was referred to a plastic surgeon who suspected a retained foreign body. An x-ray was taken revealing several pieces of retained glass. They were subsequently surgically removed. The plaintiff did not have any pain or discomfort during the year between procedures.
Settlement Discussions
The plaintiff demanded $65,000. There was no offer.
Damages
The plaintiff sought damages of $75,000 for pain and suffering.
Result
The defendant Dr. Vecchione obtained a nonsuit. The defendant Dr. Sincavage obtained a defense verdict.
Other Information
The court barred plaintiff's expert from testifying against Dr. Vecchione.
Deliberation
one hour
Poll
11-1
Length
five days
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