Judith Seymour, Bill Seymour v. Stanley Van Den Noort, Martin Colman, Regents of the University of California, Western Medical Rehabilitation et al.
Published: Dec. 28, 2004 | Result Date: Oct. 13, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CC11253 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Matthew N. Trotter
(Carroll Kelly Trotter Franzen McKenna & Peabody)
James R. Parrett
(Susson Parrett & Odell)
Experts
Plaintiff
Jack L. Segal
(medical)
Roy A. Kaplan
(medical)
Defendant
John B. Thompson
(medical)
Richard Haas M.D.
(medical)
John Backman
(medical)
Stuart D. Cook
(medical)
Facts
The subject suit, a medical malpractice case, involved the alleged misdiagnosis of multiple sclerosis and subsequent negligent treatment, was brought by the plaintiffs, Bill and Judith Seymour against the defendant, Dr. Stanley Van Den Noort, the Regents of the University of California and Dr. Martin Colman. The plaintiffs also sued CareMark Inc., Prednisone and Western Medical Rehabilitation Associates. Dr. Colman, Care Mark Inc. and Health Sound were ultimately dismissed from the case. Judith Seymour was first seen by the defendant Dr. Van Den Noort in 1985 for a second opinion regarding her diagnosis with multiple sclerosis. Dr. Van Den Noort confirmed the diagnosis and continued to treat the patient over the next 17 years. In 1989, when her symptoms had significantly worsened, Dr. Van Den Noort recommended the patient undergo total lymphoid irradiation which was performed by Dr. Colman. The patient subsequently experienced an improvement in her condition. She continued treatment with Dr. Van Den Noort through 2002. During this time period, among other prescriptions, she was treated by Dr. Van Den Noort with Prednisone which she took on an intermittent schedule every third or fourth day. In 2002, the patient began treating with Dr. Thomas Chippendale, who initially questioned her diagnosis of multiple sclerosis but ultimately informed the patient of his belief that she did in fact suffer from the disease.
Settlement Discussions
Judith Seymour demanded $1,099,000. Bill Seymour demanded $249,999. The defendants offered a waiver of costs in exchange for a dismissal and rejected the plaintiffs' demands.
Damages
Bill Seymour claimed loss of consortium.
Result
The jury returned a unanimous verdict in favor of Dr. Van Den Noort and the Regents of the University of California.
Deliberation
1.25 hours
Length
eight days
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