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Personal Injury
Medical Malpractice
Lack of Informed Consent

Rudy Robledo, Elizabeth Robledo v. R. Edward Sanchez

Published: Jun. 21, 2005 | Result Date: Feb. 11, 2005 | Filing Date: Jan. 1, 1900 |

Case number: GIC823437 Verdict –  $0

Judge

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

Mark B. Simowitz
(Mark B Simowitz APC)

James Matthew Brown


Defendant

Margaret E. Mangin

Gregory W. Pollack


Experts

Plaintiff

Harvey A. Kalan
(medical)

Noel Meadows
(medical)

Cameron Campbell
(medical)

Defendant

John D. Campbell
(medical)

Stephen V. Wilson
(medical)

Facts

In 2002, Rudy Robledo, a 43-year-old assembler, was referred to surgeon R. Edward Sanchez for a consultation concerning his chronic ulcerative colitis. Robledo had suffered from the condition for over 24 years and had undergone surgery to remove part of his colon in 1986. Although Robledo's last colonoscopy was negative for pre-cancerous activity, his gastroenterologist was concerned that Robledo might develop colon cancer. Sanchez recommended that Robledo undergo removal of his remaining colon and rectum. An ileostomy would be created through which he would pass his waste into an attached bag through a hole created in his abdomen. The bag would attach to his small intestine. In 2002, Sanchez performed the surgery. No cancer was found in the removed portions of Robledo's colon. One month after the surgery, Robledo was diagnosed with a transected right ureter. Robledo underwent multiple procedures to repair the damaged ureter. Robledo and his wife sued Sanchez, alleging medical malpractice.

Settlement Discussions

The plaintiff demanded $100,000 (C.C.P. Section 998). The defendant offered waiver of costs (C.C.P. Section 998).

Specials in Evidence

$6,000

Injuries

The plaintiff claimed that as a result of having to wear an ileostomy bag, he suffered from emotional distress. The plaintiff's wife filed a claim for loss of consortium.

Result

Defense

Deliberation

four hours

Poll

9-3

Length

seven days


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