Sally Cunningham v. UCSD Medical Center/Regents of the University of California; Wayne Akeson, M.D.
Published: Aug. 22, 1998 | Result Date: Jul. 9, 1998 | Filing Date: Jan. 1, 1900 |Case number: 710955 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Milton E. Legome M.D.
(medical)
Defendant
William E. Bowman Jr.
(medical)
Facts
On Feb. 16, 1996, plaintiff Sally Cunningham, a 58-year-old hairdresser, presented to defendant Dr. Wayne Akeson, for an open biopsy of a tumor in her lower left femur. Defendant Akeson is an orthopedic surgeon who specializes in musculoskeletal tumors. The tumor was determined to be benign by a pathologist 10 days later. Per the defendant, the plaintiff saw Akeson for a post-operative visit on March 7, 1996, and received instructions on the use of crutches and touch-down weight bearing. No brace or casting was provided. On March 19, 1996, the plaintiff sustained a fracture of her femur at the biopsy site which was repaired by ORIF. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $190,000. The defendants made no offer.
Specials in Evidence
$2,700 $50,000 (net - minus disability) $98,000 (net - minus disability) Unspecified
Injuries
Per the defendant, the plaintiff claimed a fracture at the biopsy site and subsequent delayed healing requiring, further bone graft surgery 18 months later.
Other Information
The verdict was reached approximately one year and two months after the case was filed.
Deliberation
two hours and 40 minutes
Length
six days
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