Confidential
Settlement – $750,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Carol A. Salmacia
(Law Office of Seana B. Thomas)
Experts
Plaintiff
Susan P. Bleecker CPA
(technical)
Roy L. Herndon
(medical)
Karen Doyle
(medical)
Defendant
Catherine Campion
(medical)
Steven L. Giannotta
(medical)
Facts
The plaintiff, a 39-year-old salesperson, had treated with the defendant doctor from June 1988 to November 1993. In November 1994, she was diagnosed with an acoustic neuroma, a tumor which originates in the eighth cranial nerve, the hearing nerve. The tumor had been present since at least 1988. The plaintiff underwent removal of the tumor in November 1994. During removal, the facial nerve function was lost and the trigeminal (fifth cranial nerve) function was compromised. The plaintiffs, the patient and her husband, brought this action against the defendant based on professional negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $600,000. The defendant made no settlement offer.
Specials in Evidence
$500,000 $300,000 to $600,000
Damages
The plaintiff wife claimed $250,000 in non-economic damages. The plaintiff husband claimed $250,000 in loss of consortium damages.
Injuries
The plaintiff wife alleged loss of facial nerve and injury to trigeminal nerve.
Other Information
The settlement was reached approximately one year and six months after the case was filed. The parties settled 10 days into trial.
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