Andrea West v. Brian Curtis
Published: Jan. 19, 2005 | Result Date: Oct. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCVSS082598 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Jeffrey A. Walker
(Walker Law Group)
Facts
The plaintiff, Andrea West, underwent a posterior laminectomy by the defendant Dr. Brian Curtis in October 2000. Post-operatively, it was discovered that the plaintiff sustained an intrusion into the small intestine secondary to the laminectomy as the result of bowel adherence to the underside of the L5-S1 disc space. The plaintiff required a bowel resection via exploratory laparotomy and suffered from peritonitis.
Settlement Discussions
The plaintiff demanded in excess of $175,000. The defendant made a C.C.P. Section 998 offer of $29,999.
Specials in Evidence
in excess of $5,000
Damages
The plaintiff alleged $250,000 in general damages and $5,000 plus in special damages.
Other Information
Motion for new trial being made and for appeal on basis the court should have given a res ipsa instruction but failed to do so over strenuous objection.
Deliberation
one hour
Poll
12-0 (defense)
Length
three weeks
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