Hazel Krull v. David Denenny, M.D.
Published: Oct. 10, 1998 | Result Date: Apr. 15, 1998 | Filing Date: Jan. 1, 1900 |Case number: 774697 Verdict – $350,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William W. Brien
(medical)
Stuart H. Kuschner
(medical)
Gary L. Painter
(medical)
Defendant
Jack L. Vandernoot
(medical)
Donald I. Peterson
(medical)
Facts
On Feb. 22, 1996, plaintiff, an 83-year-old woman, was admitted to the hospital after breaking her right humerus. Defendant Dr. David Denenny performed an open reduction with internal fixation using plates and screws. While using the power drill to tap the holes for the screws, the radial nerve became entangled in the drill tap and was severed. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff demanded $80,000 pre-litigation, made a C.C.P. º998 demand of $199,999 and demanded $150,000 during trial. The defendant offered $29,999 at plaintiff's deposition, $80,000 pre-trial and $100,000 during trial.
Damages
Only general damages were put before the jury due to collateral source.
Injuries
The plaintiff suffered a severed right radial nerve; non-union right humerus; 75 percent loss of use of right arm and hand.
Other Information
The verdict was reached approximately 13 months after the case was filed. A two-hour mediation was held before Joseph Thielen, Esq. resulting in no settlement. The mediator recommended the defendant pay $100,000 as he thought the jury award would be $80,000 to $125,000.
Deliberation
45 minutes
Poll
11-1 (liability)
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390