Confidential
Settlement – $200,000Judge
Court
Solano Superior
Attorneys
Plaintiff
Tim A. Pori
(Tim A. Pori Attorney at Law)
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Kathleen J. Williams
(Williams & Associates)
Experts
Plaintiff
Corey Weinstein
(medical)
Facts
On May 16, 2003, plaintiff Wayne Crowder, 46 years old, was diagnosed with an infection of his only remaining testicle at Kaiser Vallejo, where Crowder presented, was prescribed antibiotics, and spent the night. After Crowder filled the prescription for Cipro, he was told to return for a check of lab tests. He did not go back for that check of lab tests. On May 27, Crowder had an appointment scheduled for a follow-up with a urologist. However, he was unable to make this appointment due to being arrested the day before for possession of methamphetamine with intent to sell. As a result, Crowder was placed in Solano county jail in Fairfield for pretrial detention. Crowder's initial medical intake at the jail was conducted by nurse Ken Scribner, a temp from Nursefinders who also filled out his medical screening form. Crowder informed Scribner about the infection and prescription for Cipro and complained daily about feeling pain and his need for his prescribed medication. On June 5, he received his medication and the following day, he saw Dr. Kathy Burck, the county's medical director of the jail. After conducting a visual inspection of Crowder's testicle, Dr. Burck told him to return in two weeks if his condition did not improve. On June 13, Dr. Burck saw Crowder again and referred him to a urology consult. Three days later, Crowder was sent to the emergency room at North Bay Medical Center with a necrotic testicle. That same day on June 16 a procedure called orchiectomy was performed on Crowder, which was an amputation of his testicle. Thereafter, Crowder sued the county for a civil rights violation under 42 U.S.C. Section 1983 as well as for medical malpractice. He also sued nurse Scribner, the temp agency that employed Scribner as well as another temp agency called Starmed and one of its nurses, Pam Banner, for the same claims. However, the plaintiff dismissed these claims later in the litigation and only pursued suit against the county.
Settlement Discussions
The plaintiff demanded $500,000 at MSC and the defendant offered $200,000 prior to MSC.
Damages
The plaintiff sought damages for future pain and suffering. He claimed that his left testicle caused him excruciating pain both physically and emotionally. Since the plaintiff already had one testicle prior to the amputation of other one, it was emotionally painful because he felt less than a man to have no testicles at all. He claimed total economic damages of $115,395 claiming that he would need a lifetime supply of testosterone and urological monitoring, which will cost $78,733 and prosthesis, which will cost $6,000, plus past surgery cost of $30,662.
Injuries
Necrosis, orchiectomy (amputation); pain and suffering.
Result
Solano county settled for $200,000 and agreed to waive any lien rights for the $30,662 surgery.
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