Michael Iha v. Regents of The University of California, University of California Medical Center of San Diego, Lawrence Marshall
Published: Dec. 30, 2003 | Result Date: Nov. 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC798800 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Lawrence Marshall
(medical)
Defendant
Phillip J. Kanter
(medical)
Facts
The plaintiff, a 30-year-old residential home manager, was born with a congenital malformation allowing cerebral spinal fluid leakage. He underwent his second attempted neurosurgical repair of the leak at UCSD Medical Center in January 2001. The defendant Dr. Lawrence Marshall repaired the CSF leak and performed a reconstruction of the plaintiff's skull with macrospore. The plaintiff developed post-surgical complications, including a suspected subdural hematoma, which resulted in two subsequent surgeries. The initial reconstruction by Dr. Marshall was removed in order to remove the suspected hematoma. Due to the increased risk for potential infection, Dr. Marshall chose not to fully reconstruct the plaintiff's frontal portion of the skull during the last surgery, instead opting to wait at least six months before undergoing subsequent reconstruction by a different neurosurgeon. The final reconstruction was carried out without complications and with a successful cosmetic result.
Settlement Discussions
There was no demand; the defendant offered a C.C.P. Section 998 waiver of costs.
Specials in Evidence
out-of-pocket loss only $5,000 none out of pocket- loss only
Injuries
Continued disabling migraine headaches, loss of earnings and living for one year with a grotesque facial forehead depression.
Other Information
The judge granted defendant's motion for nonsuit on July 25, 2003. Judgment entered in favor of the defendant on Nov. 7, 2003.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390