Carolyn Small v. Eisenhower Medical Center; Gino Tutera, M.D.; Michael Last, M.D.
Published: Apr. 18, 1998 | Result Date: Mar. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 088928 Verdict – $10,500
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Deborah O. deBoer
(Kramer, deBoer & Keane)
Experts
Plaintiff
Lesther Winkler
(medical)
Donald J. Gaspard
(medical)
Defendant
Meredith Peake
(medical)
Stephen V. Wilson
(medical)
Facts
Plaintiff Carolyn Small, a 45-year-old homemaker/retired dental assistant, was treated by defendant Dr. Gino Tutera for gynecological problems, including a cyst on her one remaining ovary. The plaintiff consulted defendant Dr. Michael Last for surgical intervention for gallstones at which time she informed Last that Tutera would like to attend and look at the ovary if the procedure was being done by laparoscopy. The plaintiff was seen by Last for a lap cholecystectomy and written consent was obtained for such to occur at defendant Eisenhower Medical Center. Defendant Tutera attended the procedure and on Feb. 3, 1995, at the conclusion of the lap cholecystectomy, undertook to examine the ovary. During the examination, the obviously abnormal ovary began bleeding uncontrollably at the hilum, resulting in removal of the ovary. The plaintiff brought this action against the defendants based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $15,000 to defendant Last, $30,000 to defendant Eisenhower Medical Center, and $185,000 to defendant Tutera. The defendants made no offers.
Specials in Evidence
$24,000 $14,000 $100,000
Injuries
The plaintiff suffered the loss of her one remaining ovary, putting the plaintiff into surgically induced menopause eight years prematurely. She also alleged rheumatoid arthritis, carpal tunnel syndrome, depression and loss of libido.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
two days
Poll
10-2 (defense - Eisenhower Medical Center), 9-3 (for plaintiff against Tutera), 11-1 (defense - Michael Last)
Length
15 days
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