Facts

Plaintiff William Greening, 43, filed suit against defendant Kathy Yu-Syken, M.D., an ear, nose, and throat specialist.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged improper performance of a myringotomy and tube placement in the right ear resulting in permanent hearing loss. Plaintiff claimed that defendant Dr. Kathy Yu-Syken fell below the standard of care in placing the myringotomy tube and creating a large perforation of the tympanic membrane and a dislocation of the malleus.

Plaintiff also claimed that there was a lack of informed consent, as Dr. Yu-Syken did not warn about potential hearing loss as a consequence of this procedure.

DEFENDANT'S CONTENTIONS:
Defendant claimed that she acted within the standard of care at all times and nothing she did caused or contributed to plaintiff's injuries.

Settlement Discussions

Plaintiff sent a CCP 998 at $470,000. Defendant made no offer.

Specials in Evidence

$2 million (abandoned during trial)

Damages

Plaintiff claimed $250,000 in general damages.

Result

Defense verdict.

Other Information

Defendant has filed a cost bill pursuant to a prior CCP 998 statutory offer to compromise in the amount of $84,796.47. INSURER: Cooperative of American Physicians Inc. FILING DATE: June 27, 2013.

Deliberation

3.5 hours

Poll

10-2 (medical malpractice), 12-0 (informed consent)

Length

five days