Confidential
Settlement – $140,000Facts
In February 1994, the plaintiff, a 35-year-old screen press operator, went to the defendant's clinic complaining of a two day history of a decrease in vision in his left eye. The defendant physician examined the plaintiff's eye and told the plaintiff that he needed a referral to an ophthalmologist and that he and the clinic would take care of that and contact the plaintiff to tell him which ophthalmologist he could go to. Over the course of the next several weeks, the plaintiff allegedly called several times to follow up on the referral and was told that he would be called as soon as it was approved. After 2+ months, he spoke with an office manager who allegedly told him that the referral had "fallen through the cracks." The office manager then arranged for an ophthalmology visit the following day. The ophthalmologist noted that the symptoms had been present since December 1993, two months before the original visit. The plaintiff denied this. Surgery was performed, but the retina had been detached for too long to allow for an effective repair. The plaintiff, who worked in a job that required good vision, was left with poor vision in the affected eye. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $175,000. The defendants made a C.C.P. º998 offer of compromise for $140,000.
Injuries
The plaintiff alleged he suffered reduced vision in one eye.
Other Information
The settlement was reached approximately one year and one month after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Jan. 26, 1996 before Judge Jack Mandel of Orange County Superior Court. It did not resolve the matter, but the case settled soon thereafter.
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