Danny Pena v. Richard Rouhe, M.D.
Published: Oct. 30, 1993 | Result Date: Oct. 14, 1993 | Filing Date: Jan. 1, 1900 |Case number: 243832 – $750,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas J. Grogan M.D.
(medical)
Defendant
Steven J. Gomberg
(medical)
Facts
Defendant a board-certified orthopedic surgeon, correctly diagnosed slipped capital femoral epiphysis and recognized need for immediate surgical reduction. Plaintiff's HMO required that doctor submit request in writing for authorization. No surgical date was set and the letter to HMO did not convey the urgency of request. Plaintiff, a 13-year-old student, was sent home on crutches to resume normal activities. Plaintiff slipped and fell while at the school, further fracturing femoral head to the point where repair was unlikely.
Settlement Discussions
Plaintiff contends their demand ($75,000) expired and Defendant made no offers, since Dr. Rouhe gave no consent to settle.
Specials in Evidence
$140,000 $10,000
Injuries
Complete fracture of left femoral head (as a result of failure to stabilize a mild chronic slip) requiring arthodesis of the hip after five surgical attempts; residuals: surgically frozen left hip joint; 6.5 cm leg length differential.
Other Information
Defendants attempt to excuse his failure to act upon the delay in getting authorization from the HMO (commonly referred to as "Gatekeeper's Syndrome) was rejected by the jury.
Deliberation
1.5 hours
Poll
12-0
Length
2.5 days
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