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CONFIDENTIAL

Oct. 16, 1993

Personal Injury (Non-Vehicular)
Medical Malpractice
Surgical Negligence

Confidential

Settlement –  $125,000

Judge

S. James Otero

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Douglas E. Weathers


Defendant

Christopher W. Gardner

Timothy R. Graves


Experts

Plaintiff

Chadwick E. Smith
(medical)

Defendant

Robert T. Rosenfeld
(medical)

Calvin H. Frazier
(medical)

Rollin Weber
(medical)

Robert H. Brumfield III
(medical)

Christopher Jobe
(medical)

Thomas Sabourin
(medical)

Facts

On June 3, 1988, Plaintiff, a 24-year-old accountant, was involved in a bicycle accident with an automobile. Defendant orthopedic surgeon performed six surgeries in 21 months, including a patellectomy; Plaintiff allegedly requires a total knee replacement.

Settlement Discussions

Plaintiff contends they demanded $250,000 and Defendant offered no consent.

Specials in Evidence

$40,000 $90,000

Injuries

Permanent knee damage requiring total knee replacement.

Other Information

A jury awarded a verdict of $250,000 reduced by 40% comparative fault by Plaintiff (to $150,000); the case settled for $125,000 with pending post-trial motions by both parties.


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