Cinda Sue Behrens v. Robert T. Miner, M.D.
Published: Sep. 21, 1996 | Result Date: Apr. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: 731063 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Viktors Andre Rekte
(Rekte Bradshaw)
Defendant
Experts
Plaintiff
Robert Beltran
(medical)
Defendant
Ronald S. Fishbach
(medical)
Matthew Gleason
(medical)
Facts
Prior to consulting with defendant surgeon Dr. Robert Miner, plaintiff Cinda Behrens, a 42-year-old attorney, had undergone cosmetic rhinoplasty at age 17, followed by revision surgery, a turbinectomy and septal buttons to close a bilateral perforation. On initial examination by Dr. Miner, he noted a collapse of nasal projection with cartilage appearing as a lump just under the skin surface. After numerous discussions over a period of six months, Dr. Miner performed revision surgery. The surgery was successful in narrowing the bridge of the plaintiff's nose, adding projection through the use of ear cartilage and creating antral windows. Though the surgery yielded an immediate improved result, over the next six months a slow-growing infection developed and the grafted concha from the ears was rejected. Dr. Miner recommended waiting several months to allow the nose to heal, then using rib cartilage to again build projection. (The revision surgery as described by Dr. Miner was ultimately performed by Dr. Jack Sheen.) The plaintiff brought this action against defendant Dr. Miner based on negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made no settlement offer.
Specials in Evidence
$24,000 $___________ $___________ $11,000
Injuries
The plaintiff alleged she suffered a deformity to her nose requiring three reconstructive surgery and resulting in permanent scarring as well as mental discomfort.
Result
SETTLEMENT CONFERENCE: A settlement conference was held on April 9, 1996. It did not resolve the matter.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. The plaintiff, an attorney, claimed her earnings were less than they would have been had she not taken off work for numerous nose surgeries. She also claimed that she was ashamed of her appearance and declined taking trials and arbitrations which impeded her ability to increase her salary.
Deliberation
2+ days
Poll
9-3
Length
7 days
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