David Ariss v. Honzen Ou
Published: Oct. 26, 2004 | Result Date: Sep. 14, 2004 | Filing Date: Jan. 1, 1900 |Case number: RCV066826 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Paul M. Mahoney
(Mahoney & Soll LLP)
Defendant
Yuk K. Law
(Law & Brandmeyer LLP)
Experts
Plaintiff
Robert W. Johnson CPA
(technical)
Robert Wagmeister
(medical)
Defendant
L. Kenneth Countryman
(medical)
Howard E. Pitchon M.D.
(medical)
Facts
The plaintiff, a 64-year-old commercial and industrial real estate consultant was diagnosed with diabetes mellitus in 1984. In July 2001, he was admitted to the hospital by his internist for treatment of an infection in his right second toe, and a Doppler study of the lower extremities conducted during the hospitalization was normal as to no hemodynamically significant lesions. On Aug. 10, 2001, the plaintiff was re-admitted by his internist due to a persistent infection of the toe, whereupon the defendant Dr. Honzen Ou, a general and vascular surgeon, was asked for a consultation. Dr. Ou performed an amputation of the right second toe. The plaintiff was hospitalized on Aug. 22, 2001 for insertion of a Groshong catheter by Dr. Ou for administration of intravenous antibiotics. On Nov. 10, 2001, the plaintiff was re-hospitalized due to an infection spreading through the other four toes in the right foot and Dr. Ou performed a transmetatarsal amputation removing all of the toes on the right foot to try to control the infection. The plaintiff left Dr. Ou's care in November. In early December 2001, another vascular surgeon performed a Doppler study that showed there was blockage of the right femoral artery. An angioplasty was performed in January 2002 to open the blockage in the femoral artery, but the plaintiff had to undergo a Symes amputation that removed his foot in April 2002 and a below-the-knee amputation in August 2002.
Settlement Discussions
The plaintiff demanded $1 million; there were no offers.
Specials in Evidence
none $569,142 $2,509,551 (present value) none
Injuries
Loss of leg and inability to conduct the real estate consulting and developing business.
Deliberation
2.5 hours
Poll
10-2 (no negligence)
Length
eight days
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