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Personal Injury
Medical Malpractice
Negligent Care

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

Christopher J. Warner

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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