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CONFIDENTIAL

Sep. 19, 1998

Personal Injury
Medical Malpractice
Negligent Surgery

Confidential

Settlement –  $112,000

Judge

David T. McEachen

Court

Orange Superior


Attorneys

Plaintiff

Alan C. Brown


Defendant

David P. Pruett
(Carroll, Kelly, Trotter, Franzen, McKenna & Peabody)


Experts

Plaintiff

Robert T. Miner
(medical)

Defendant

David L. Wood
(medical)

Facts

On Jan. 13, 1996, plaintiff, a 27-year-old mother and housewife, went to defendant doctor for a "tummy tuck" procedure. During the procedure plaintiff's belly button was detached and then reattached in the wrong position. One month later, a second "tummy tuck" was done to improve the appearance of the belly button. Thereafter, plaintiff went back to see the defendant doctor on two separate occasions and then stopped because she felt the defendant doctor was making inappropriate sexual comments. The plaintiff brought this action against the defendant doctor based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $29,999, reduced to $20,000 on day of trial. The defendant made a C.C.P. º998 waiver of costs offer.

Specials in Evidence

$5,000 (future correct surgery)

Injuries

The plaintiff claimed an unattractive scar.

Other Information

The case went to trial where the jury awarded $98,500 in compensatory damages and $11,500 in costs and interest. Defendant doctor testified he left his surgical internship at USC because he "was too overqualified." Over objection, plaintiff called the former Dean of Medicine at USC who testified that defendant was terminated for incompentence, and defendant had then sued USC for wrongful termination. The case settled with post-trial motions for the reported amount.

Deliberation

three hours

Poll

11-1

Length

four days


#115083

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