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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Virginia Blair v. Michael Potruch

Published: Oct. 18, 2001 | Result Date: Jul. 9, 2001 | Filing Date: Jan. 1, 1900 |

Case number: PC022676 Verdict –  $0

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Joseph D. Bussone


Defendant

Earl A. Beamon II


Experts

Plaintiff

Gunter R. Bauer
(medical)

Defendant

William A. Frumovitz
(medical)

Facts

The plaintiff, a 16-year-old female, on Dec. 23, 1997 underwent a laparoscopy procedure for a
ruptured ovarian cyst. This was undertaken by the defendants, Dr. Michael Potruch and his
assistant, Dr. Martin Cooper. The plaintiff had a history of acute abdominal and pelvic pain. The
plaintiffs pain continued after the procedure. Notwithstanding repeated examinations and testing,
the defendants were unable to provide a definitive reason why the plaintiff was suffering with
acute pelvic pain.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $60,000 and the defendants offered $29,900.

Damages

The plaintiff claimed $300,000

Injuries

An abdominal scar from the belly button to the pubis requiring a future need for plastic surgery.

Other Information

The jury found that the plaintiffÆs mother had consented to the surgery being performed by the defendants, and that this had included the possibility of a scar, and that the plaintiffs had conducted the procedure within the normal standards of care.

Deliberation

2.5 hours

Poll

9-3 (as to Michael Potruch), 10-2 (as to Martin Cooper)

Length

10 days


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