Diane Kerner v. Robert J. Simon, M.D.
Published: Apr. 20, 1996 | Result Date: Mar. 8, 1996 | Filing Date: Jan. 1, 1900 |Case number: EC016294 – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tye Ouzanian
(medical)
Defendant
Irwin L. Bliss M.D.
(medical)
Michael Smolens
(medical)
Facts
On March 15, 1994, the plaintiff, Diane Kerner, a 41-year-old painter/officer worker, presented to the defendant, Dr. Robert Simon. The plaintiff told the defendant that she might have stepped on a wooden toothpick. The defendant performed a minor exploratory surgery, but did not taken an x-ray. Eight days later, the plaintiff presented to a podiatrist who discovered that she had stepped on a two centimeter fine needle which had lodged in her right first metatarsophalangeal joint. The needle was discovered after the podiatrist performed an x-ray. The plaintiff brought this action against the defendant, Dr. Simon, based on medical malpractice theories of recovery.
Settlement Discussions
The plaintiff never made a formal demand. The plaintiff served a statement of damages for $500,000. No settlement offer was made by the defendant.
Specials in Evidence
$22,412 $10,000 (approximately) $__________ $_________
Injuries
The plaintiff alleged that she sustained a neuroma to her right hallux medial plantar nerve leading to neurolysis and complete residual numbness of her medial plantar nerve as a result of the defendant's medical malpractice.
Other Information
The verdict was reached approximately one year and three months after the case was filed. SETTLEMENT CONFERENCE: Settlement conferences were held in October, 1995 and March, 1996, before various settlement officers of the Los Angeles Superior Court, Glendale, but did not resolve the matter, allegedly because the defendant would not consent to a settlement.
Deliberation
2 hours
Poll
not taken
Length
3 days
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