Facts

Plaintiff Holly Linden presented to Ami Arakaki, a registered nurse, through Newport Beach Plastic Surgery on Aug. 21, 2012, with a Groupon for sclerotherapy, a procedure to eliminate varicose veins. Plaintiff had previously undergone three to five sclerotherapy treatment sessions at another location successfully.

On Aug. 30, 2012, plaintiff presented to Dr. Hisham Seify, who noted she had developed a superficial wound at the injection site with no infection or necrosis. Management of the wound was to involve wound dressing everyday with application of antibiotic ointment. On Sept. 13, 2012, plaintiff spoke telephonically with Amy Arakaki, RN, and reported the wound to her right lower leg was slowly healing. Arakaki recommended plaintiff follow up with Dr. Seify.

On Oct. 1, 2012, plaintiff presented to Dr. Seify for a follow up appointment. On this date, the records indicate the wound to plaintiff's lower leg was separated with no infection. Plaintiff reported she had been under the care of a wound care nurse using Silvadene cream. At that time, Dr. Seify was of the opinion plaintiff was suffering from superficial necrosis of two areas to her lower leg. Plaintiff's lower wound was 2 inches x 1 inch and her upper wound was .5 centimeter in diameter with healthy edges and no signs of infection. On Oct. 29, 2012, plaintiff was diagnosed with cellulitis and abscess of the leg wound along with methicillin susceptible staphylococcus aureus.

Plaintiff filed suit against Nurse Arakaki and Dr. Seify.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged medical malpractice against both Arakaki and Dr. Seify. Plaintiff contended that Arakaki was negligent in performing sclerotherapy on plaintiff by utilizing an improper concentration of hypertonic saline and by injecting the solution too quickly, which resulted in extravasation of the solution resulting in two large ulcers to plaintiff's lower right leg and subsequent severe scarring. She alleged negligent hiring by Dr. Seify and vicarious liability.

DEFENDANTS' CONTENTIONS:
Arakaki claimed her care and treatment of plaintiff was within the standard of care at all times during the sclerotherapy treatment. Arakaki also claimed that plaintiff suffered a recognized risk of sclerotherapy in the form of ulcer formation. Defendants contended that plaintiff signed a laser/sclerotherapy consent form indicating her acknowledgment of the risks outlined on the form. The specific risks identified on the form included pain, blister formation, infection associated with the treatment site, pigment changes at the treatment site, scar formation, poor cosmetic outcome, allergic reaction, deep vein thrombosis, ulcer formation at the site of treatment and temporary phlebitis.

Defendants contended that Dr. Seify had a long conversation with both plaintiff and her husband regarding wound management. Dr. Seify performed wound debridement on Oct. 3, 2012, and recommended wound excision and primary closure of the upper wound with debridement of the lower wound down to healthy tissue followed by staged closure or wound vac which was the preferred treatment to allow wound contraction and less scarring long term. A plan for wound management was proposed to plaintiff, and Dr. Seify followed plaintiff for her wound management.

It was noted plaintiff's occupation as a hairstylist required her to stand for long hours, which did not help with wound healing, and in October 2012, elected to travel to Hawaii for vacation. Dr. Seify placed a wound vac for plaintiff prior to her vacation for use during her vacation. There was continuous communication between Dr. Seify and his patient while plaintiff was in Hawaii. Plaintiff had difficulty with the wound vac while in Hawaii and stopped using it approximately seven to 10 days into her trip. When she returned from Hawaii, infectious disease physician, Dr. Bonnie Bock, saw her on Oct. 29, 2012. Dr. Bock noted plaintiff was quite tanned. She was diagnosed with cellulitis and abscess of the leg wound along with methicillin susceptible staphylococcus aureus. Plaintiff last saw Dr. Seify in mid-November 2012, at which time, the upper wound appeared completely healed. The lower wound, while still open, appeared with no infection and minimal swelling. Plaintiff did not return to Dr. Seify for treatment after this date. She testified the lower wound healed at some point in January 2013.

Settlement Discussions

Plaintiff demanded $100,000 on day one of trial, lowered to $75,000 during trial. Defendant offered $25,000 on day of trial, lowered to $0 during trial.

Specials in Evidence

$3,600

Damages

Plaintiff alleged both economic and non-economic damages.

Result

Defense verdict.

Deliberation

45 minutes

Poll

11-1

Length

seven days