Tavish Mackie v. Loma Linda University Medical Center
Published: Jun. 7, 2005 | Result Date: Mar. 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: SCVSS094070 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Sanford A. Kassel
(Sanford A. Kassel APLC)
Defendant
John R. MacRill Jr.
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Rebecca Schmidt
(medical)
Defendant
Robert B. Sarnoff
(medical)
Paul Haydu
(medical)
Facts
On May 1, 2002, plaintiff Tavish Mackie, age 17, presented to defendant Loma Linda University Medical Center after a car accident. He had been ejected from the car at a high rate of speed resulting in paraplegia. The plaintiff suffered several life-threatening injuries. The plaintiff was in a coma for over a month. During his stay, he developed a sacral decubitus ulcer which was treated by medical staff. The ulcer developed into a Stage IV decubitus ulcer which delayed his rehabilitation and required surgery a year later.
Settlement Discussions
The plaintiff demanded $99,000 (C.C.P. Section 998); the defendants made no offer.
Damages
The plaintiff claimed the defendant's negligence caused him to develop a Stage IV sacral decubitus ulcer on his back. He claimed the delayed treatment response to the ulcer required him to undergo surgery one year later for the closure of a large wound on his back.
Result
The jury returned a defense verdict on liability.
Deliberation
two days
Poll
12-0
Length
nine days
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