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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Surgery

Ron Klein v. Kevin L. Metros, M.D.

Published: Sep. 24, 2002 | Result Date: May 28, 2002 | Filing Date: Jan. 1, 1900 |

Case number: GIN010177 Verdict –  $0

Judge

Michael B. Orfield

Court

San Diego Superior


Attorneys

Plaintiff

John R. Mittelman
(Mittelman Law Firm)

John R. Mittelman
(Mittelman Law Firm)


Defendant

James D. Boley


Experts

Plaintiff

William P. Curran Jr.
(medical)

Defendant

Peter B. Wile
(medical)

Facts

The plaintiff presented to Graybill Medical Group on July 16, 1999, complaining of right elbow
pain. X-rays showed possible foreign bodies. The patient was referred to Dr. Metros, the
defendant. The defendant saw the plaintiff on Aug. 19, 1999 and confirmed, via additional x-
rays, the presence of multiple foreign bodies. On Oct. 18, 1999, Dr. Metros performed an
arthotomy of the right elbow. Subsequently, the patient complained of posteriolateral rotatory
instability.

Settlement Discussions

The plaintiff submitted a demand of $175,000; the defendant offered a waiver of defense costs and malicious prosecution rights.

Injuries

The plaintiff claimed damage to lateral ulnar collateral ligament of the right elbow.

Deliberation

10 minutes

Length

five days


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