Mark Horner v. Trevor Sanks
Published: Feb. 1, 2005 | Result Date: Nov. 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC819675 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Louis W. Pappas
(Manning & Kass, Ellrod, Ramirez, Trester)
Experts
Plaintiff
Francisco Gomez Jr.
(medical)
Isaac Bakst
(medical)
Wayne Whalen
(medical)
Defendant
Brian J. Killeen
(medical)
James T. Long
(medical)
John A. Aalbers
(medical)
Facts
The plaintiff, a 37-year-old self-employed part time tree trimmer and sailboat skipper with a history of multiple traumas, including a teardrop fracture at C3, presented to the defendant's chiropractic office on July 29, 2002 with complaints of shoulder pain. The plaintiff contended that he advised the defendant Dr. Trevor Sanks that he did not want his neck manipulated or adjusted due to his prior history of a neck fracture. He claimed that Dr. Sanks ignored this request and manipulated and adjusted his neck during this half-hour chiropractic treatment. The plaintiff claimed to have developed an array of problems within hours of this treatment and presented to the emergency room of Sharp Chula Vista Medical Center on the morning of July 31, 2002, hyperventilating and with his hands in carpal pedal spasms. The plaintiff complained of diffuse pain and gave a history of drug use and binge drinking the prior evening. He was also noted to have a chest wall contusion that was not present two days earlier. The plaintiff was treated for anxiety and discharged. The plaintiff was seen in various emergency rooms and hospitals throughout the Greater San Diego area over the course of the next two years. An MR angio and MRI of the brain and an MR angio of the neck, performed in November 2002 revealed a 1.5 cm lesion or infarct in the right posterior periventricular region. The plaintiff was ultimately diagnosed with possible seizure activity and was prescribed Dilantin and Neurontin, yet the seizure like activity continued. The plaintiff developed significant neurological impairments including a dramatic deterioration in his cognitive functioning.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $1 million. There were no offers.
Injuries
The plaintiff suffers from severe cognitive deficits that affect his memory, problem solving skills, judgment, concentration, motivation and speech. These cognitive deficits have affected his ability to function adequately in society. He is unable to maintain a job and does not have the stamina to process information in a normal manner. In essence, the plaintiff has a "punch drunk" appearance and demeanor.
Deliberation
two hours
Poll
9-3 (negligence)
Length
seven days
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