Tom McMillan v. Warren L. Roston, M.D., et al.
Published: Mar. 30, 1996 | Result Date: Feb. 26, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC027480 – $0
Judge
Court
L.A. Municipal Central
Attorneys
Plaintiff
Michael D. Waks
(Law Office of Michael D. Waks)
Defendant
Scott R. Diamond
(Diamond & Dragojevic LLP)
Experts
Plaintiff
Saul Luchs
(medical)
Melinda Leong
(technical)
Lawrence May
(medical)
Defendant
Claudia Grey
(medical)
Michael S. Norris
(medical)
Raymond J. Casciari
(medical)
Facts
On September 14, 1992, the plaintiff, Tom McMillan, a 63-year-old accountant, had a radical retropubic prostatectomy. On September 15, 1992, one day post-operation, a Tylenol suppository was ordered by the defendant doctor, Warren L. Roston, M.D., for fever and discomfort. The plaintiff claimed that the insertion by the nurse was painful. Three days later, urine was noted coming from the plaintiff's rectum. A rectovesical fistula was discovered. The plaintiff brought this action against the defendants based on a medical malpractice theory of recovery.
Settlement Discussions
Per the defendant, the plaintiff made a $3,000,000 settlement demand and the defendant made no offer. Per the plaintiff, the plaintiff made a $300,000 settlement demand.
Specials in Evidence
$_______ $120,000 $250,000 $________
Injuries
The plaintiff alleged that he sustained a perforated bowel requiring nine months of colostomy as a result of the alleged malpractice.
Other Information
The verdict was reached approximately one year and one month after the case was filed.
Deliberation
+ hours
Poll
12-0
Length
7 days
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