Confidential
Verdict – $310,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Bruce M. Bunch
(Law Offices of Bruce M. Bunch)
Defendant
Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)
Experts
Plaintiff
Paul Tornambe
(medical)
Defendant
David S. Boyer
(medical)
Facts
In October 1996, plaintiff, a 65-year-old retired school teacher from the USSR, was seen by defendant ophthalmologist, a retina specialist, for complaints with her left eye in which she knew had a cataract that presented her from seing out of it. On examination, the defendant told the plaintiff that he found a sub-clinical retinal detachment in the right eye which was her only good eye. The following day, defendant performed laser surgery on the right eye to wall of the retinal tear. When defendant's care of the plaintiff ended six months later, the acuity in the right eye went from 20-20 pre-surgery to 20-25 post-surgery. After leaving defendant's care, the plaintiff saw another retina specialist who found no evidence of a retinal tear in plaintiff's right eye. At that time, plaintiff's visual acuity in the right eye was 20-200.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $240,000. The defendant offered a waiver of costs. The case settled for $280,000 due to C.C.P. Section 998 offer with interest and costs.
Injuries
Legal blindness
Other Information
The verdict was reached approximately 16 months after the case was filed.
Deliberation
1½ days
Poll
11-1 (liability), 12-0 (damages)
Length
six days
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