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Personal Injury
Medical Malpractice
Lack of Informed Consent

Rakvalsky v. Rubinstein

Published: Sep. 13, 1997 | Result Date: Jun. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 976815 Verdict –  $0

Judge

Carlos T. Bea

Court

San Francisco Superior


Attorneys

Plaintiff

Stephen M. Murphy
(Law Offices of Stephen M. Murphy)


Defendant

Roland C. Colton
(Colton Law Group)

Grant Puleo


Experts

Plaintiff

Ron Valmassy
(medical)

Defendant

Bruce Dobbs
(medical)

Facts

In June 1993, plaintiff Igor Rakvalsky, a 55-year-old retired engineer, visited defendant Edward Rubinstein, a podiatrist, complaining of bunion pain. The defendant performed a McBride bunionectomy. As a result of the procedure, the plaintiff claimed his right big toe was deformed and affected his ability to walk. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $125,000. During trial, the plaintiff reduced his demand to $40,000. The defendant made no settlement offer.

Injuries

The plaintiff claimed he suffered a deformed toe.

Other Information

The verdict was reached approximately one year and three months after the case was filed. A settlement conference was held on May 30, 1997 before Judge Ernest Goldsmith. It did not resolve the matter.

Poll

10-2 (the plaintiff failed to commence action within one year of discovery of negligence)

Length

6 days


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