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CONFIDENTIAL

Oct. 30, 1993

Personal Injury (Non-Vehicular)
Medical Malpractice
Surgical Negligence

Confidential

Settlement –  $300,000

Judge

William J. McVittie

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Robert R. Rigg


Defendant

Kenneth N. Mueller


Experts

Plaintiff

Sergio Stone
(medical)

Naim Kassar
(medical)

Jose Balmaceda
(medical)

Phillip Earl E. Young
(medical)

Defendant

Robert Futoran
(medical)

Charles March M.D.
(medical)

Dean Moyer
(medical)

Facts

Plaintiff, a 24-year-old loan processor, had a routine pap smear that was reported as Class III. Thereafter, she underwent a colposcopic directed biopsy which was negative. Defendant Doctor performed a lasser cone cervical biopsy in August, 1990. Thereafter, the Plaintiff did not have any menstrual periods for three months. "A D and C" was performed in November, 1990 she was thereafter diagnosed by a second physician as having retained blood in her uterus and fallopian tubes due to a blocked cervix that was allegedly linked to the earlier cervical cone biopsy. In turn, the Plaintiff has been unable to conceive additional children naturally (she had one child prior to these events), and has undergone in vitro fertilization, which has been unsuccessful.

Settlement Discussions

Plaintiff contends they demanded $750,000 and Defendant offered $250,000.

Specials in Evidence

$41,250 $3,000 $25,000-$50,000 $30,000-$50,000

Injuries

Blocked cervix causing blood retention in the uterus and fallopian tubes as well as infertility.


#113683

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