Joy Glasglow v. Alan Smith, D.P.M.
Published: Dec. 6, 1997 | Result Date: Nov. 13, 1997 | Filing Date: Jan. 1, 1900 |Case number: 36058 – $176,272
Judge
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David Hoyal
(medical)
Carl Wagreich
(medical)
Hank Lageman
(technical)
Defendant
Lee French
(technical)
David Morwood
(medical)
Alan R. Burns
(medical)
Facts
On July 21, 1997, defendant Alan Smith, D.P.M., performed surgery on plaintiff Joy Glasglow, a 39-year-old respiratory therapist, for the removal of plantar fibromas during which he severed three common digital nerves, creating three 3 to 4 centimeter gaps which were thereafter repaired by a micro-surgeon. The plaintiff underwent extensive physical therapy to stretch out the scar tissue and to relieve the pain. The plaintiff alleged she no longer can function as a respiratory therapist. The plaintiff brought this action against defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $500,000, reduced to $400,000 prior to trial. The defendant made an offer of $29,999.
Specials in Evidence
$7,290.50 $93,063 $386,000 Unknown
Injuries
The plaintiff suffered severing of three common digital nerves of the medial plantar nerve requiring grafts which failed, amputation neuromas, and excessive scar tissue, all of which necessitated physical therapy.
Other Information
The verdict was reached approximately one year after the case was filed. A settlement conference was held on Oct. 24, 1997, before Judge Curtis in Monterey resulting in the defense offer of $29,999. EXPERT TESTIMONY: Defendant's expert, Alan Burns, D.P.M., testified that defendant was within the standard of care even though Dr. Burns had published an article about, and taught podiatry students, how to identify, segregate and save the common digital nerves. David Morewood, M.D., a plastic surgeon, testified that defendant was within the standard of care even though Dr. Morewood had performed the same procedure "roughly two times" in 5 1/2 years of practice. Plaintiff's experts testified that there was no excuse for severing the three nerves.
Deliberation
10 hours
Poll
9-3
Length
seven days
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