Medina v. Ketron, et al.
Published: Sep. 13, 1997 | Result Date: Aug. 27, 1997 | Filing Date: Jan. 1, 1900 |Case number: 764394 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
John C. Kelly
(Carroll, Kelly, Trotter & Franzen)
Thomas M. Peabody
(Peabody & Buccini LLP)
Experts
Plaintiff
Richard Meyer
(medical)
Defendant
Michael Lauermann
(medical)
Harvey A. Kalan
(medical)
Facts
In January 1995, Sally Medina, a 29-year-old female, presented to defendant Gary Ketron, M.D., a general surgeon, with a suspicious mass in her breast. A biopsy was benign for cancer but demonstrated micro abscesses and mastitis. For the next nine months, either the abscesses continued to recur on new lactiferous ducts occluded and the patient was treated with antibiotics and surgical incision and drainage. She was taken to the operating room on June 1 for excision of breast tissue and the occluded ducts, but the problem recurred and she required an additional surgery on July 26, 1995. Despite this surgical treatment and antibiotic therapy, the patient's condition did not significantly improve. The plaintiff was last seen by defendant Dr. Ketron on Sept. 5, 1995 and was improving without signs or symptoms of recurrence or infection. Defendant Dr. Moffatt (dismissed) treated the plaintiff conservatively for three months, before the plaintiff suffered new duct occlusion. In January 1996, she came under the care of Dava Gerard, M.D. (dismissed prior to trial) who performed a more comprehensive; surgical procedure removing a signifcant portion of the patient's right breast tissue. She thereafter contracted a pseudomonas infection in the breast and required three months of 1V antibiotic therapy. The plaintiff eventually required breast reconstruction surgery. The plaintiff brought this action against the defendants based on a medical negligence and malpractice theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $130,000. Defendant Ketron made a settlement offer of $29,999.
Specials in Evidence
$150,000 $60,000
Injuries
The plaintiff underwent partial breast mastectomy and reconstruction and over 100 doctor visits and several months of IV antibiotic therapy. The plaintiff claimed future cosmetic breast surgery is anticipated.
Other Information
The verdict was reached approximately one year and two months after the case was filed. During the course of trial, Comm. Keough bifurcated the case, with the jury determining only negligence and causation issues. SETTLEMENT CONFERENCE: A settlement conference was held in April 1997 before Comm. Keough.
Deliberation
1 day
Poll
10-2
Length
12 days
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