Eric Shewfelt v. Juliet DeCampos, M.D., et al.
Published: Aug. 24, 1996 | Result Date: Jul. 15, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC130696 – $0
Judge
Court
L.A. Superior Civil West
Attorneys
Plaintiff
Scott L. Whitman
(Scott L. Whitman Inc.)
Defendant
Richard G. Harris
(Dummit, Buchholz & Trapp)
Experts
Plaintiff
Donald C. Cox
(technical)
Gerald Finerman
(medical)
Defendant
Kenton S. Horacek
(medical)
Facts
In 1976, plaintiff Eric Shewfelt, then age 20, developed an orthopedic condition known as osteochondritis dissecans. This condition caused a significant defect in the medial femoral condyle of his right knee which was surgically repaired and pinned in place with a two and one-half inch cruciate screw. The plaintiff regained full function of his knee and pursued an active athletic lifestyle, including college and semi-pro basketball and more recently, league basketball. In early 1994, the plaintiff, then age 38, began to experience pain and swelling in his right knee. He presented to defendant orthopedist Juliet DeCampos, M.D. for evaluation. Defendant Dr. DeCampos recommended a diagnostic arthroscopy, with possible arthroscopic removal of the cruciate screw. After performing the diagnostic arthroscopy, defendant Dr. DeCampos attempted to remove the screw with the 'cross-hatch' screwdriver, but the screw-head stripped. Defendant Dr. DeCampos then performed a mini-arthrotomy, attempting to remove the screw with a variety of other instruments, including an osteotome, a Ken-nail extractor, a Craig pin-puller, needle nose pliers, and ultimately attempting to remove it with a needle holder. That instrument broke during the removal efforts, with a piece of the tongs becoming lodged in the plaintiff's knee. Defendant Dr. DeCampos was unable to locate and retrieve the broken piece of the instrument. She terminated the surgery at that time with the now-stripped screw still remaining in the joint, as well as the fragment from the instrument. Three months later, in late August 1994, the plaintiff had a full arthrotomy performed at UCLA by Gerald Finerman, M.D. Through that procedure, the screw was cored out of the joint, and the broken piece of instrument was successfully retrieved. The plaintiff brought this action against defendant Dr. DeCampos based on professional malpractice and medical negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $175,000 which was reaffirmed at a March 1996 mediation. The defendant made an informal settlement offer of $30,000.
Specials in Evidence
$9,000 $25,000 $25,000
Damages
The plaintiff claimed $34,000 in past and future medical damages and $430,000 for pain and suffering.
Injuries
The plaintiff alleged that he developed post-surgical osteoarthritis, which will increase with age to the point where the plaintiff will in all probability need a knee replacement in 15 years, by age 55.
Other Information
The verdict was reached approximately one year after the case was filed. MEDIATION: A mediation was held on March 11, 1996 before Joelle Bailard. It did not resolve the matter.
Deliberation
1 hour
Poll
12-0
Length
5 days
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