Joseph Givens v. Ralph Ocampo, et al.
Published: Nov. 15, 2001 | Result Date: Sep. 20, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC755985 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Clark R. Hudson
(Neil Dymott Hudson, APLC)
Experts
Plaintiff
Chester Semel
(medical)
Defendant
Leo J. Murphy
(medical)
Facts
The plaintiff, a 53-year-old attorney, was referred to defendant Dr. Ocampo on July 6, 1999 for treatment of the
three-month old mass in the right groin area. Defendant Ocampo diagnosed a right inguinal hernia and
recommended surgery. On July 14, defendant Ocampo performed a repair of the right inguinal hernia with
prolene mesh. The plaintiff tolerated the procedure well and was returned to the recovery room in stable
condition. When the plaintiff was discharged home, he had some decreased feeling in his right leg, which he
attributed to the surgery.
On July 15, the plaintiff noted a lack of sensation specifically in the right anterior thigh. The lack of sensation
gradually improved, but gave way to excruciating pain, described as a "ripping and burning," with any weight
bearing. Pain medication did not improve the condition.
On July 18, the plaintiff called Dr. Zirpolo regarding the pain. Zirpolo directed him to the emergency
department at Mercy Hospital. In consultation with defendant Ocampo, the Emergency Room physician,
Charles Simmons, M.D., determined that the plaintiff did not need surgical intervention. According to the
plaintiff, Simmons felt the hernia repair looked normal. At defendant OcampoÆs suggestion, however,
Simmons added a muscle relaxant to the plaintiffÆs medications.
On July 19, the plaintiff presented to defendant Ocampo severe pain in the right lateral
thigh. Defendant Ocampo diagnosed a severe muscle spasm from the local anesthesia or the
surgical procedure itself. Her referred the plaintiff to Dr. James Grisolia for an immediate
neurological evaluation. Dr. Grisolia examined the plaintiff that same day. He diagnosed an
acute nerve entrapment affecting the right lateral femoral cutaneous nerve. Grisolia noted the
injured nerve was well out of defendant OcampoÆs surgical field and admitted he was unclear
how the injury occurred. Based on the pain complaints, Grisolia suspected a possible mechanical
factor was rubbing on the nerve itself. Grisolia immediately referred the plaintiff to Dr. Kevin
Smith for an injection of steroids and local anesthetic. Dr. Smith was also able to see the plaintiff
that day.
Smith noted the most painful areas of the plaintiffÆs leg were suggestive of lateral femoral cutaneous nerve
involvement, also called meralgia paresthesia.
On Dec. 6, 1999, the plaintiff began treating with Dr. Jeffrey Mazin, who diagnosed an insult to the femoral
cutaneous nerve. At the time of his initial visit with Mazin, the plaintiffÆs pain was noted to be 1 out of 10. At
the plaintiffÆs insistence, Mazin performed surgery on Dec. 15, 1999. During the re-exploration procedure,
Mazin found the iliohypogastric nerve and the femoral cutaneous nerve were entrapped. Mazin did not believe
that the nerve entrapment resulted from any negligence on the part of defendant Ocampo.
Settlement Discussions
The plaintiff demanded $75,000, while the defendant offered nothing.
Damages
The plaintiff sought $50,000 in past pain and suffering and $25,000 in future pain and suffering, as well as $15,000 in future medical damages. The plaintiffÆs attorney asked the jury to award $90,000 to the plaintiff.
Other Information
* * *The plaintiff again presented to defendant Ocampo on July 22, 1999. Defendant Ocampo evaluated his incision and asked him to return in one week. He was aware that the plaintiff was treating with Dr. Smith. On July 29, 1999, the plaintiff presented to defendant Ocampo, who noted the plaintiffÆs condition was markedly improved with the shots by Smith. Two weeks later, on Aug. 12, 1999, defendant Ocampo examined the plaintiff and noted he was healing nicely. The meralgia paresthetica was much improved, but the plaintiff still complained of numbness. Defendant Ocampo directed him to return in follow-up in three months. The plaintiff, however, never returned to defendant OcampoÆs office. Instead, on Dec. 6, 1999, he began treating with Dr. Jeffrey Mazin, who diagnosed an insult to the femoral cutaneous nerve. At the time of his initial visit with Mazin, the plaintiffÆs pain was noted to be 1 out of 10. At the plaintiffÆs insistence, Mazin performed surgery on Dec. 15, 1999. During the re-exploration procedure, Mazin found the iliohypogastric nerve and the femoral cutaneous nerve were entrapped. Mazin did not believe that the nerve entrapment resulted from any negligence on the part of defendant Ocampo. Since MazinÆs surgery on the plaintiff, the plaintiffÆs pain and numbness have improved, but have not resolved completely. The injury does not interfere with the plaintiffÆs daily activities, including work. However, he does complain that the condition is constantly noticeable.
Deliberation
40 minutes
Poll
12-0
Length
four days
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