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Torts
Sexual Battery
Negligence

Michelle D. Hoyt v. Vivek R. Ullal, M.D.; Simi Valley Hospital and Health Care Services

Published: May 13, 2006 | Result Date: Apr. 6, 2006 | Filing Date: Jan. 1, 1900 |

Case number: SC042521 Verdict –  Defense

Court

Ventura Superior


Attorneys

Plaintiff

Bradley H. Spear

John L. Simonson


Defendant

B. Elliot Johnson

David Arkis

Louis "Duke" DeHaas Jr.
(LaFollette, Johnson, De Haas, Fesler & Ames APC)


Experts

Plaintiff

Laura Thomas
(medical)

Richard Fields MD
(Anesthesiology)

Defendant

Lester M. Zackler M.D.
(medical)

Kevin Becker
(medical)

Facts

The 34-year-old plaintiff underwent a surgical procedure at Simi Valley Hospital on Oct. 14, 2004. Dr. Vivek Ullal was the anesthesiologist.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that, postoperatively, while she was in the operating room or recovery room, Dr. Ullal fondled each of her breasts and vaginal area.

DEFENDANTS' CONTENTIONS:
Defendant denied any touching.

Settlement Discussions

Plaintiff demanded $100,000. Defendant's offer was zero.

Result

Defendant hospital dismissed the evening before trial for mutual waiver of costs.

Deliberation

seven minutes.

Length

11 days;


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