This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Care

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

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Matthew A. Schumacher


Defendant

Kevin P. Hillyer


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


#113812

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390