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CONFIDENTIAL

Sep. 13, 2001

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $500,000

Court

Ventura Superior


Attorneys

Plaintiff

Bruce M. Bunch
(Law Offices of Bruce M. Bunch)


Defendant

Harold H. Gartner III


Experts

Plaintiff

Robert Selby
(medical)

Facts

The plaintiff, age 57, experienced an acute attack of right upper quadrant pain and was diagnosed with
gallstones. He was advised to have laparoscopic surgery to remove the gallbladder. However, as a result of a
prior heart valve replacement, he was taking an anti-coagulant and had to undergo a reversal of the anti-
coagulation before surgery. After a few daysÆ hospitalization, laparoscopic surgery was performed.
During the procedure, the defendant surgeon recognized that he had lacerated the
common bile duct. Therefore, it was necessary to convert to an open surgical procedure. The
plaintiff was hospitalized for two weeks, during which time his anti-coagulant medication was
resumed. Two weeks after his discharge from the hospital, the plaintiff collapsed and was taken
to the hospital by paramedics with a massive gastro-intestinal bleed. During subsequent surgery
by another surgeon, it was learned that the plaintiff also suffered a laceration to the right hepatic
artery.

Specials in Evidence

$9,638 $106,660 $45,000

Damages

The plaintiff lost 32 units of blood and underwent two revisions of the initial surgery. Thereafter, he suffered bouts of biliary stricture and cholangitis. It was necessary to remove the right lobe of his liver. He is at risk (10%-20%) for future complications including biliary stricture, requiring replacement of drainage catheters and further surgical revision.


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