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Personal Injury
Medical Malpractice
Negligent Care

Francisco Javier Miramontes v. Sharp Rees-Stealy Medical Group; Ronald MacIntyre, M.D.

Published: Apr. 4, 1998 | Result Date: Oct. 31, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 695100 Verdict –  $0

Judge

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

William M. Vlosky


Defendant

John R. DiCaro


Experts

Plaintiff

Ashok Kar
(medical)

Defendant

Joseph D. Schmidt
(medical)

Facts

On Aug. 23, 1994, plaintiff Francisco Miramontes, a 61-year-old banquet waiter, presented to defendant Sharp Rees-Stealy Medical Group and underwent prostate cancer surgery performed by defendant Dr. Ronald MacIntyre. The plaintiff claimed that the day following his surgery, the Foley catheter came out and required replacement. He also claimed that complications developed in the replacement of the catheter, resulting in a false passage developing in the urinary tract, causing urine leakage. The plaintiff alleged that the catheter was removed too soon, resulting in urinary incontinence, for which he ultimately had an artificial sphincter placed. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $95,000 (to defendant medical group) and $29,999 (to defendant doctor). The defendants made a C.C.P. º998 offer of compromise for $29,999 (per plaintiff).

Injuries

The plaintiff claimed he suffered urinary incontinence, resulting in the placement of an artificial sphincter.

Other Information

The verdict was reached approximately three years after the case was filed. ARBITRATION: An arbitration was held on Nov. 5, 1996, before Ken Sobel, Esq., resulting in an award of $125,000. The defendants requested a trial de novo.

Deliberation

four hours

Poll

12-0

Length

five days


#114005

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