Confidential
Settlement – $350,000Court
Pierce Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John Schlegel
(medical)
Edward G. DeVita
(medical)
Franklin Paudler
(medical)
Facts
The plaintiff, a 43-year-old waitress, was injured on the job in 1988. She treated with a chiropractor for approximately a year. When that did not relieve her symptoms, she was referred to the defendant doctor. From 1989 to 1995, the defendant performed multiple surgeries and trigger point injections on the plaintiff and prescribed an over abundance of pain killing drugs. The defendant doctor's negligent practices were reported to the Medical Quality Assurance Commission by several of his patients. Following an investigation and review by Dr. Schlegel, the Commission issued a Statements of Charges against the defendant, which included the plaintiff's charges. The defendant doctor agreed to several restrictions on his practice in order to maintain his medical license. The plaintiff brought this action against the defendant based on medical negligence and malpractice theories of recovery. Following the Commission's finding, the plaintiff entered into negotiations with the defendant.
Settlement Discussions
The plaintiff made a settlement demand for $495,000.
Injuries
The plaintiff claimed constant back and neck pain and headaches, emotional problems and spine impairments as a result of multiple fusions and the rigidity in her neck.
Other Information
The settlement was reached approximately 11 months after the case was filed. A mediation was held on July 10, 1997 before Jack Rosenow of JAMS/Endispute resulting in settlement.
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