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Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to Diagnose

Lester Roberson, Jr. v. Grossmont Hospital, et al.

Published: Sep. 7, 1996 | Result Date: Jun. 21, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 679972 –  $8,148,140

Judge

Wayne L. Peterson

Court

San Diego Superior


Attorneys

Plaintiff

Michael G. Kim

Marc O. Stern


Defendant

Douglas R. Reynolds

Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)


Experts

Plaintiff

Daniel Orfuss
(medical)

Doreen Casuto RN, MRA, CRRN, CCM
(medical)

Kenneth J. Richland
(medical)

Arthur Brodshatzer
(technical)

Claud Bird
(medical)

Defendant

Sharon K. Kawai M.D.
(medical)

Jerome C. Stenehjem M.D.
(medical)

Cary P. Mack
(technical)

Charles K. Jablecki
(medical)

Brian R. Copeland
(medical)

Facts

On Dec. 23, 1993, plaintiff Lester Roberson Jr., a 36-year-old unemployed disabled man, was admitted to defendant Grossmont Hospital, complaining of left-sided weakness and paralysis. The plaintiff had a pre-existing condition, cerebral palsy. The plaintiff alleged that his symptoms were caused by two ruptured discs at C-3 through C-5, which were compressing his spinal cord. The defendants did not diagnose the reuptured disc problem until Jan. 3, 1994. By that time, the plaintiff was a quadriplegic. The plaintiff brought this action against the defendants, the hospital and three doctors, based on medical negligence and professional malpractice theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $2 million. The defendants made no settlement offers.

Specials in Evidence

$50,000 $_________ $_________ $7,748,137

Injuries

The plaintiff alleged he suffered permanent paralysis as a result of the defendants' medical negligence.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. A settlement conference was held in August 1995 before Judge James Milliken of San Diego Superior Court. It failed to resolve the matter.

Deliberation

1 day

Poll

12-0

Length

18 days


#113950

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