Steve McDearmon v. Philip Azer
Published: Aug. 24, 2004 | Result Date: May 20, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC810044 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Scott S. Harris
(Law Office of Scott S. Harris APLC)
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Abraham Tzadik
(medical)
Defendant
John C. Vaughan
(medical)
Facts
Steve McDearmon, 27, was a landscaper. McDearmon had exostosis, or "surfer's ear," a bony buildup in the outer ear resulting in hearing loss and recurring infections. That condition was severe in his left ear and moderate in his right ear from years of surfing since his youth. At Scripps Mercy Hospital in San Diego, McDearmon underwent surgery by otolaryngologist Philip Azer. During the procedure, Azer was unable to visualize the eardrum. He then went into the middle ear and damaged 20 percent of the facial nerve. Azer realized he was in the middle ear and stopped the surgery. He ordered CT scans, prescribed steroids to decrease any swelling in the area and asked neuro-otologist James E. Bush to consult. The surgery left McDearmon with a left facial droop and he could not close his left eye, smile, or control the facial muscles on the left side of his face. Days later, Bush performed a decompression surgery and found the 20 percent tear.
Settlement Discussions
McDearmon demanded $225,000. Azer made no offer.
Damages
According to McDearmon's counsel, he sought past medical specials for $1,436), past lost earnings for $1,723, and $38 a month for eye drops. He asked the jury to award $3,159 for economic damages and unspecified past and future non-economic damages. According to Azer's counsel, McDearmon asked the jury to award $26,189 in economic damages and $300,000 to $500,000 in non-economic damages.
Injuries
Although the condition on the left side of McDearmon's face improved over the year following the surgery, he still cannot smile on that side. He still has synkinesis (his left eye closes when he opens his mouth), and he cannot fully close his left eye at night. He must use eye drops and, at night, an eye gel. He also bites his lip and tongue at times and drools.
Deliberation
five hours
Poll
9-3
Length
five days
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