Confidential
Settlement – $253,400Judge
Court
Confidential
Attorneys
Plaintiff
Steven L. Saldo
(Saldo Law Group)
Defendant
Experts
Plaintiff
Brendan J. Carroll
(medical)
Defendant
Lawrence Roggoway
(medical)
Facts
On Aug. 17, 1993, the claimant, a 32-year-old banquet server, was scheduled to have an elective laparoscopic cholecystectomy at the respondent hospital in Santa Clara. During the procedure, the claimant's common bile duct was transected and removed. The surgeon failed to diagnose her mistake and completed the procedure. An exploratory laparotomy with reconstructive surgery known as Roux-en-y hepaticojejunostomy was required. The claimant brought this action against the respondent based on medical negligence and professional malpractice theories of recovery.
Settlement Discussions
The claimant made a settlement demand for $150,000. The respondent made no settlement offers.
Specials in Evidence
$_________ $20,000 $___________ $_________
Injuries
The plaintiff alleged that she suffered severe pain and peritonitis, which required an emergency exploratory laparotomy and subsequent reconstructive surgery, and that she continues to experience pain from chronic partial small bowel obstruction occuring approximately six times per month lasting minutes to hours.
Other Information
The award was rendered approximately two years after the case was filed. The arbitration was held on June 20, 1996, before arbitrators Ronald Toff, James Duenow and Louis O' Neal resulting in the reported award.
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