Suzanne Hogsett, Gerald Hogsett v. Richard Petersen, Vikki Petersen, Healthnow Medical Center
Published: Aug. 5, 2003 | Result Date: Apr. 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV802676 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Elisabeth A. Madden
(Law Offices of Madden & Lynch PC)
Experts
Plaintiff
Raila Horne
(medical)
Roy Mawhinney
(medical)
Mark E. Abramson
(medical)
Alan Galitz
(medical)
Robert Cooperstein
(medical)
Defendant
Darryl D. Curl
(medical)
David M. Bradshaw
(medical)
Everett P. Harry
(technical)
Jennifer L. Martin
(medical)
James R. Missett
(medical)
Paul S.D. Berg
(medical)
Facts
The plaintiff, a 52-year-old female travel author, claimed that she was persuaded to present to the defendants' chiropractic clinic in order to receive counseling on nutrition. The plaintiff claimed she received additional examinations which involved x-rays and other procedures which were undertaken without her consent. The plaintiff claimed that defendant Richard Petersen pulled on her leg violently, without warning, and as a consequence, she sustained a cervical whiplash and her jaw impacted the side of the chiropractic table. The defendants asserted that they had never concealed that they offered chiropractic services and that the plaintiff had, in fact, requested treatment for her lower leg pains. Following examinations and an x-ray, the defendant chiropractor claimed that he properly and conservatively performed adjustments on the plaintiff's bilateral talus and calcaneus, and that she neither objected or mentioned any discomfort.
Settlement Discussions
The plaintiff demanded $500,000; the defendant offered a waiver of costs.
Specials in Evidence
$5,000 $300,000
Damages
The plaintiff sought general damages of $250,000 and her husband claimed loss of consortium.
Injuries
The plaintiff claimed that she suffered from myofascial pain syndrome, TMJ disorder caused by the impact to her jaw, injuries to her seventh and eighth cranial nerves which resulted in a partial right-side hearing loss, and post-traumatic stress disorder. The defense claimed that the plaintiff had a pre-existing recent history of neck and jaw myositis and fibromyalgia. The defense stated that the plaintiff's TMJ disorder did not arise until more than three months after the chiropractic adjustment and was probably caused by a history of jaw clenching and her somatic complaints were of a psychological origin.
Other Information
The plaintiffs' motion for new trial was denied.
Deliberation
four hours
Length
16 days
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