Rose Stein and Allen Stein v. John Korzelius, M.D.
Published: Apr. 24, 1999 | Result Date: Mar. 8, 1999 | Filing Date: Jan. 1, 1900 |Case number: EC024236 Verdict – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Donald C. Fesler
(La Follette, Johnson, De Haas, Fesler & Ames)
Experts
Plaintiff
Robert T. Miner
(medical)
Jorge Dubin
(medical)
Donna Burstyn
(medical)
Defendant
W. Grant Grant Stevens
(medical)
Steven Teitelbaum
(medical)
Facts
On Sept. 7, 1995, plaintiff Rose Stein, then age 43, was diagnosed as having a large lipoma in her left breast. Coupled with this finding, she had sagging, droopy breast, after having given birth to four children. She, therefore, decided to seek consultation for plastic and reconstructive surgery. After consulting with three plastic and reconstructive surgeons who could not give her the "small, perky" breasts she wanted, the plaintiff then consulted with the defendant Dr. John Korzelius. Ultimately, after four consultations, she underwent surgery (bilateral mastopexies with placement of silicone breast implants) on March 26, 1997. Pre-operatively, the plaintiff reportedly told the defendant that although she was a 36B-C, she did not want to be any larger than a "full C." After the operation, the plaintiff observed that she was a 36DD. The plaintiffs brought this action against the defendant based on negligence and informed consent.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand of $350,000. The defendant made a C.C.P. º998 offer of compromise of $20,000, with an indication that $150,000 would be offered if it would settle the case.
Specials in Evidence
$6,000
Damages
The plaintiff husband claimed damages for a lack of consortium.
Injuries
The plaintiff suffered severe depression and post-traumatic stress disorder requiring psychotherapry.
Result
Please provide the city of locale of Donna Burstyn ____________, Jorge Dubin ____________
Other Information
The verdict was reached approximately one year after the case was filed.
Deliberation
3½ hours
Poll
12-0 (no medical negligence), 10-2 (plaintiff had informed consent)
Length
two weeks
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