Jack J. Keegan v. Daniel Keefe, M.D., Terri Abbott, PA, Eric Y. Chang, Tudor H. Hughes, Sheldon A. Kleiman, M.D., Adam Rosen, M.D., Scripps Health
Published: Jun. 27, 2015 | Result Date: Mar. 24, 2015 | Filing Date: Jan. 1, 1900 |Case number: 37-2012-00102112-CU-MM-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Steven Graboff
(medical)
Defendant
Gregg Alzate
(medical)
Michael Bongiovanni
(medical)
Facts
Jack Keegan sued Daniel Keefe, M.D., Terri Abbott, PA, Eric Chang, Tudor Hughes, Sheldon Kleiman, M.D., Adam Rosen, M.D., and Scripps Health.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he presented to the Scripps Green Hospital with left knee pain where he was then treated by Dr. Keefe who diagnosed him with a twisting injury. Plaintiff then received physical therapy and cortisone injection to the affected knee. However, plaintiff continued to experience pain. An MRI revealed a torn meniscus. As such, he underwent surgery to repair it. A subsequent MRI revealed that he had developed bone necrosis in the same knee. Plaintiff ultimately underwent total knee replacement.
Plaintiff sued Keefe and several of Scripps Health's employees, alleging that Keefe's failure to timely diagnose the osteonecrosis constituted medical malpractice.
DEFENDANTS' CONTENTIONS:
Keefe disputed plaintiff's allegations, and contended that plaintiff was correctly diagnosed with a meniscus tear and that the subsequent bone necrosis became visible only in the second MRI. Keefe denied any liability.
Settlement Discussions
Keegan made a CCP 998 demand of $250,000, which defendants countered with a CCP 998 offer of waiver of costs.
Damages
Keegan claimed he lost his job due to the injury. As such, he sought $986,571 in total damages.
Injuries
Keegan claimed he continued to experience decreased range of motion.
Result
Many of the Scripps Health employees were dismissed prior to trial. Ultimately, the jury rendered a defense verdict.
Poll
9-3
Length
six days
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