James L. Myers v. Mohsen Zabetian, Stanley D. Schinke
Published: Nov. 2, 2004 | Result Date: Mar. 2, 2004 | Filing Date: Jan. 1, 1900 |Case number: RIC373111 Verdict – $760,416
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
James A. Creason
(Creason, Tucker & Alexander LLP)
Experts
Plaintiff
Ted W. Gay
(medical)
Elizabeth S. Noll
(medical)
John Tiefenbraun
(medical)
James M. Sinclair
(medical)
Defendant
Thompson Adams
(medical)
Douglas C. Cable M.D.
(medical)
Howard N. Allen
(medical)
Kenneth Deck
(medical)
Facts
In November 2000, plaintiff James L. Myers, 60, went to Menifee Valley Hospital in Sun City because his left leg had collapsed and was numb. It was determined he should be transferred to nearby Hemet Hospital for surgery to unblock the blood flow in his leg. While awaiting transfer, plaintiff had additional tests performed to determine why he had a fever and a rash on both feet. The tests showed he had an elevated white blood count which was evidence of infection, and bacteria growing in his blood. After the transfer, defendant Mohsen Zabetian performed surgery to unblock the blood flow to plaintiff's leg. Defendant Stanley Schinke, a hematologist, was brought in to examine the rash on plaintiff's feet and his low platelet levels. The plaintiff continued to treat with defendant Zabetian post-operatively and after discharge. In January 2001, the plaintiff was rehospitalized with a blood infection that had spread to his heart. He was put on life support and transferred to Loma Linda University Medical Center to undergo open heart surgery. A heart valve was replaced with an artificial one. The plaintiff suffered complications which resulted in five toes turning gangrenous and rotting off. He stayed at Loma Linda for several months. The plaintiff sued the defendants alleging medical malpractice.
Settlement Discussions
The plaintiff made a demand of $250,000; no offer was made.
Injuries
The plaintiff claimed he suffered a blood infection that infected his heart. He alleged the results were open heart surgery and an artificial valve replacement. The plaintiff also claimed complications resulted in the loss of five toes.
Result
The jury found for plaintiff and awarded him $760,416 ($700,000 in general damages, reduced by stipulation to $250,000 and $60,416 in economic damages)
Other Information
The plaintiff was awarded costs.
Deliberation
two hours
Length
14 days
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