Claudia Suite v. Richard Raczka
Published: Aug. 17, 2004 | Result Date: Apr. 5, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02CC05191 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Imad Y. Elias
(Law Offices of Mann & Elias)
Defendant
John E. West
(Brobeck West Borges Rosa & Douville LLP)
Experts
Plaintiff
John M. Larson
(medical)
Defendant
Robert Gorab
(medical)
Harry B. Skinner
(medical)
Stewart L. Shanfield
(medical)
Facts
Claudia Suite, a 63-year-old retired nurse, was diagnosed with degenerative osteoarthritis, fibromyalgia and diabetes in 1994. She underwent a left knee replacement which was performed by orthopedist Richard Raczka. In 1999, Suite began having problems with her right knee. In 2000, Raczka performed a partial meniscectomy. After continued problems, Raczka performed a partial medial meniscectomy and removed the front half of the meniscus. Raczka then performed a total right knee replacement. Suite's pain and discomfort continued, prompting her to seek second opinions from other orthopedists. All post-operative x-rays showed that her right knee replacement was successful. Orthopedic surgeon Hampton Gaskins operated on Suite's right knee. At that time, he found residual pieces of meniscus medially and laterally positioned between the femoral and tibial components. Gaskins removed the residual tissue. Suite claimed her pain subsided within months. She then sued Raczka.
Settlement Discussions
The plaintiff demanded $100,000 and the defendant offered nothing.
Damages
$2,000 in out-of-pocket expenses.
Injuries
The plaintiff claimed she suffered ongoing, severe pain, swelling and discomfort for almost one year post-surgery performed by the defendant.
Result
DEFENSE
Deliberation
four hours
Poll
9-3
Length
five days
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