Abbott v. Mandiola
Published: Sep. 13, 1997 | Result Date: Jul. 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: 717526 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Debra L. Hurst
(Hurst & Hurst)
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Roderick Lamond
(medical)
Russell F. Winslow
(Pestotnik LLP)
(medical)
Joseph R. Dunn
(medical)
Jorge Llorente
(medical)
Raymond G. Schultz
(technical)
John A. Aalbers
(medical)
Defendant
Scott Karlin
(medical)
Alan J. Goldman
(medical)
Richard Van Allen
(medical)
Facts
On June 16, 1992, plaintiff Marshall Abbott, a 30-year-old man, was evaluated by defendant Sergio Mandiola, M.D., a general surgeon, for an inguinal hernia repair. The defendant recommended laparoscopic repair of the hernia. Previously, he had done seven single mesh laparoscopic repair procedures with three patients suffering post-operative nerve complications. This plaintiff was not mentioned to the plaintiff, who anticipated two or three days of post-operative pain and an immediate return to work. The plaintiff underwent the laparoscopic herniorrhaphy on June 19, 1992 at Western Medical Center. The procedure took 2+ hours. It was the first repair in which the defendant used two surgical meshes. The plaintiff was nottold about the fact. Post-operatively, the plaintiff complained of immediate extreme testicular and groin pain unreleived by pain injections. After six weeks of unrelenting pain, the plaintiff was referred to Dr. Helm, a pain management specialist. He eventually returned to work at Home Depot on light duty in late September 1992. On Jan. 21, 1993, the plaintiff re-injured himself while pushing a refrigerator at Home Depot. The plaintiff claimed Dr. Mandiola had surgically stapled the genito-femoral nerve which was stretched during the movement of pushing the refrigerator. The hernia did not reoccur. When the pain did not abate, the area was surgically explored by Dr. Lamond at UCSD. He could not visualize "behind the mesh" to see if a nerve had been stapled by Dr. Mandiola. The plaintiff was completely disabled thereafter for nine months due to testicular and groin pain leading to his admission to the University of Washington Pain Clinic where he was evaluated during the month of October 1993. After discharge, the plaintiff was unable to do any prolonged activities as they would exacerbate his pain. He had out-patient monthly evaluations at the University of California San Diego Pain Clinic where he presently requires biweekly IV Lidocaine treatment. The plaintiff was placed on total disability by anesthesiologist, Dr. Dunn in October 1995. Allegedly as a result of his pain, the plaintiff attempted suicide and was hospitalized in 1996. The plaintiffs, the patient and his wife, brought this action against the defendant based on lack of informed consent and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $800,000. The defendant made no offer.
Specials in Evidence
Appromimately $1 million $550,000
Injuries
The plaintiff alleged that he suffered chronic irreversible nerve injury.
Other Information
The verdict was reached approximately three years and 10 months after the case was filed. In pre-trial proceedings, defendant Dr. Mandiola had been sanctioned $43,000 by the trial court for intentionally lying, causing a mistrial based on his sworn testimony at that time that the plaintiff was his fourth double mesh technique laparoscopic herniorrhaphy when Dr. Mandiola knew, through documentation supplied by Western Medical Center, that the plaintiff was his first patient upon which he utilized the double mesh procedure. EXPERT TESTIMONY: The plaintiffs' expert radiologist and expert surgeon testified a post-operative CT scan revealed three staples in the "triangle of doom" and more probably than not the genito-femoral nerve had been bound down by a staple during the hernia repair. The defendant's experts disputed the plaintiffs' experts opinions that the CT scan confirmed the presence of any staples in the triangle of doom. Surveillance film showed the plaintiff engaging in vigorous activities including surfing in 1995 and 1996. Those activities were never disputed by the plaintiff, per plaintiff's counsel. The plaintiff was directed by his doctors to engage in physical activity in an effort to maintain function in spite of pain.
Deliberation
7 hours
Poll
9-3
Length
10 days
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