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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Care

Cliff Glass v. G. David Johnston, M.D., Stanislaus Medical Center, Maher Abadir, M.D.

Published: Sep. 21, 1996 | Result Date: Aug. 12, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 34712 –  $20,000

Court

Stanislaus Superior


Attorneys

Plaintiff

William J. Cossette


Defendant

Lawrence E. Wayte
(McCormick, Barstow, Sheppard, Wayte & Carruth)

Joseph S. Picchi
(Galloway, Lucchese, Everson & Picchi)


Experts

Plaintiff

Alice Pursley
(medical)

John Derrick Van Doren
(medical)

Defendant

Morley M. Singer
(medical)

Facts

On March 1, 1994, plaintiff Cliff Glass, a 42-year-old roofer, was undergoing a back operation performed by defendant G. David Johnston, M.D., an orthopedist, under general anesthesia by defendant Maher Abadar, M.D., an anesthesiologist. A Bovie electrocautery device was utilized by the defendant orthopedist. The burn was discovered at the conclusion of the surgery and sustained where the Bovie ground pad was attached to the plaintiff's thigh. The plaintiff brought this action against the defendants, the orthopedist, the anesthesiologist and the surgery center, based on medical negligence and malpractice theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $40,000. The defendants made a C.C.P. º998 offer of compromise for $20,000.

Specials in Evidence

$20,000

Damages

The plaintiff asked for $20,000 for pain and suffering to date and $10,000 for future pain and suffering.

Injuries

The plaintiff alleged he sustained second and third degree burns to his left thigh approximately 2+ inches wide and 3+ inches long.

Other Information

The verdict was reached approximately one year and five months after the case was filed.

Deliberation

5 hours

Poll

12-0 (as to Stanislaus Medical Center and Dr. Abadir), 9-3 (as to Dr. Johnston)

Length

6 days


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