Confidential
Settlement – $940,317Court
Case Not Filed
Attorneys
Plaintiff
Richard A. Cohn
(Aitken Aitken Cohn)
Defendant
Experts
Plaintiff
David Alessi M.D.
(medical)
Rheta King
(technical)
Catherine M. Graves MBA
(technical)
Martin D. Levine
(medical)
Wallace Peck
(medical)
Facts
Plaintiff Amelia Reyes had bracheocleft cyst removal surgery on Jan. 25, 2000. Defendant Guen Jahng, M.D., performed the surgery to remove the cyst. During surgery, Dr. Jahng severed the plaintiff's spinal accessory nerve. In the weeks following the surgery, the plaintiff complained to the defendant of post-surgical left arm weakness.
The defendant did not refer the plaintiff to an orthopedic surgeon for an MRI of her neck until weeks after her surgery when the defendant suspected she had some kind of cervical spine problem. The plaintiff was eventually seen by a neurosurgeon who indicated that the plaintiff had suffered a spinal accessory nerve injury. The plaintiff alleged that by the time the referral had occurred, it was too late to try to do any kind of nerve repair surgery. According to her physician, the plaintiff experiences extreme pain and weakness in her left shoulder and arm, which has left her disabled and unable to work.
Specials in Evidence
$26,516 $1,382,683
Damages
The plaintiff has lost her job as branch manager at a Bank of America and has not worked since the incident. It is unclear whether she will ever be able to work at any job.
Injuries
The plaintiff is disabled and is on a great deal of pain medication and anti-depressants.
Result
The parties settled for $940,317 (policy limits).
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