Bobbye McKelvey v. Jeffrey Rutgard, M.D., et al.
Published: Oct. 28, 1995 | Result Date: Sep. 29, 1995 | Filing Date: Jan. 1, 1900 |Case number: 651321 – $275,500
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Experts
Plaintiff
Donald V.T. Bear
(technical)
Defendant
Cary P. Mack
(technical)
Facts
On October 31, 1991, Plaintiff Bobbye McKelvey, a 53-year-old female (currently employed) in marketing, underwent cataract surgery involving her right eye. She subsequently developed atonic pupil in her involved eye. As a result, the eye became permanently dilated. The Defendant surgeon was Dr. Jeffrey Rutgard, M.D., an ophthalmologist, at the time. It was subsequently determined in a separate criminal trial in U.S. District Court that the subject surgery was medically unnecessary. Defendant doctor was convicted of 132 counts of fraud and sentenced to an 11-year term in federal prison and ordered to pay restitution to the federal government and private insurers in the amount of $16,000,000. Additionally, a fine of $150,000 was imposed and the Defendant was ordered to pay the costs of his incarceration. An administrative action resulted in the revocation of his medical license.
Settlement Discussions
Defendant contends it offered $200,000 increased to $350,000 on the morning of trial; and Plaintiff initially made a 998 demand of $1,000,000 reduced at mediation to $600,000; further reduced to $500,000 prior to trial; and then further reduced to $400,000 in response to final defense offer.
Specials in Evidence
$580,770
Damages
Plaintiff asked the jury for $1,000,000 general damages; plus special damages of $580,770. Defendant asked the jury for $118,500 general damages; $20,000 for past loss of earnings; and zero for future loss of earning capacity.
Injuries
Atonic right-eye pupil with resultant photophobia, headaches, and blurry vision requiring indoor/outdoor tinted glasses; residual reduction in the quality of life.
Deliberation
4.5 hours
Poll
varied
Length
4 days
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