Adeline Taylor v. Larry D. Scortt, D.P.M.
Published: Oct. 10, 1998 | Result Date: Aug. 4, 1998 | Filing Date: Jan. 1, 1900 |Case number: 5639174 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Andrew B. Jones
(Wagner, Jones, Kopfman & Artenian LLP)
Defendant
Michael F. Ball
(McCormick, Barstow, Sheppard, Wayte & Carruth LLP)
Experts
Plaintiff
James S. Nabwangu
(medical)
Defendant
Joshua Gerbert
(medical)
Facts
On Nov. 15, 1994, plaintiff Adeline Taylor, a 51-year-old hairdresser, had surgery performed on both of her feet by defendant Dr. Larry Scortt. The pre-operative diagnosis was bunions, "Tailor's bunions," hammer toes, and corns. Unhappy with the results, she had three subsequent surgeries, two on her right foot and one on her left foot, with podiatric surgeon James C. Wang in Santa Monica, all at the Santa Monica - UCLA Medical Center. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
There were no settlement discussions. The defendant did not give consent to settle to his insurance carrier.
Specials in Evidence
$40,000 "six figures" $20,000
Injuries
The plaintiff suffered an elevatus of the first, fourth and fifth toes bilaterally, a metatarsophalangeal joint stress syndrome, a nerve entrapment of the right first interspace, and weakened and non-functioning lesser toes. Further surgery was suggested, including a possible fusion of the right first metatarsophalangeal joint with bone graft. The plaintiff claimed she was disabled from her occupation as a hairdresser.
Other Information
The verdict was reached approximately two years and three months after the case was filed. The defendant was unsuccessful on a statute of limitations affirmative defense after a one-day court trial (immediately preceding the 7+-day jury trial).
Deliberation
one hour
Poll
11-1
Length
7½ days
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