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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

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

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Michael A. Lotta


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


#109910

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