Carmen Mackey v. A. Palmer Reed, M.D., et al.
Published: Nov. 22, 1997 | Result Date: Oct. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC115168 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
George Morga
(medical)
Judith Pasternack
(technical)
Defendant
Charles Ballard
(medical)
Facts
In October 1993, plaintiff, a 33-year-old government worker, became pregnant by her boyfriend. After initially wanting to keep the baby, she elected to have an abortion. Prior to the procedure, the plaintiff presented to defendant Marlene Robbins at Alternative Family Planning Center. There, she received information on abortions and post-procedure birth control methods. She then traveled 20 minutes to defendant Dr. A. Palmer Reed's medical office. She signed several consent forms, and had the abortion. The plaintiff brought this action against defendant Palmer and Alternative Family Planning Center based on negligence, lack of informed consent and negligent spoliation of evidence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $75,000. The defendant made no offer.
Specials in Evidence
$6,000 (therapy sessions)
Injuries
Plaintiff claimed to suffer emotional distress. She attempted suicide in October 1993, required two mental health hospitalizations and two years of therapy.
Result
The court granted a non-suit, after plaintiff's opening statement, as to negligence and negligent spoliation causes of action for defendants Robbins and Alternative Family Planning Center. A directed verdict was entered as to the informed consent cause of action for defendant Doctor Reed.
Other Information
The verdict was reached approximately three years after the case was filed. A settlement conference was held on Sept. 25, 1997 before the Hon. David Minning of the Los Angeles Municipal Court. It did not resolve the matter.
Length
eight days
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