Facts

During the months of February and March 2003, plaintiff Jose Corona, a machinist, sought the medical services of defendants, Ata O. Montazeri and Global Industrial Medical Group for care in connection with pain that he was experiencing in his right arm. The defendants and each of them undertook to perform comprehensive medical examination of his right arm.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Dr. Montazeri had a duty to perform his medical services to plaintiff in a prudent manner so as to discover any condition that was discoverable upon the rendition of such services.

The plaintiff further contended that defendants Montazeri and Global Industrial Medical Group breached such duty by their failure to discover a small mass in his right humeral region. As a result, it subsequently grew larger and required further medical procedures for its removal. The plaintiff has suffered permanent injury and reduced function of his right arm. This increased mass was discovered on or about Oct. 18, 2003.

DEFENDANTS' CONTENTIONS:
The defendants contended that they were not negligent and not responsible for plaintiff's injuries and that plaintiff would have undergone surgeries to remove the mass regardless of timing.

Settlement Discussions

The plaintiff demanded $60,000 prior to trial. The defendant offered dismissal in exchange for costs.

Specials in Evidence

$23,590; $20,000; $25,000;

Injuries

Five percent permanent loss of sensitivity of right hand.

Result

Verdict for $107,236.

Other Information

EXPERT TESTIMONY: Truc Huy Dao, M.D., testified that the defendant failed below the standard of care by failing to discover the mass earlier in their examination, resulting in loss of hand dexterity of 5 percent. Had the plaintiff's mass been discovered earlier, even with the surgeries, the 5 percent sensitivity of his right hand would be recovered. Javad Arashted, M.D., testified that the defendants' examination were not below the standard of care. The risk of removing the mass would be inherent to the surgical procedures in removing the mass. FILING DATE: Oct. 13, 2004.

Deliberation

four hours

Poll

12-0

Length

32 hours