Harry Showalter v. Edward Block, Jay Cohen
Published: Dec. 30, 2003 | Result Date: Nov. 10, 2003 | Filing Date: Jan. 1, 1900 |Case number: DUM0002714 Arbitration – $119,559
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Bradley J. McGirr
(La Follette, Johnson, De Haas, Fesler & Ames)
Experts
Plaintiff
Stuart Friedman
(medical)
Ted Rothstein
(medical)
Defendant
Williams Collins
(medical)
Catherine Campion
(medical)
Facts
In 1990-1991, the plaintiff, Harry Showalter complained to his primary care physician, Jay Cohen of rectal pain and constant diarrhea. He was referred to Edward Block, a gastroenterologist, who performed a colonoscopy on plaintiff. The pathologist reported non-specific inflammation. Dr. Block's diagnosis was irritable bowel syndrome (IBS). The plaintiff reported abdominal pain, cramping and diarrhea to Dr. Cohen in November 1994. He reported the same continuing symptoms to Dr. Cohen in December 1995. In January 1996, the plaintiff reported his symptoms to be continuing and worsening and that he had blood in his stool. Anoscopy was positive for internal inflammation. Dr. Cohen prescribed antibiotics and suppositories. In April 1996, the plaintiff returned to Dr. Cohen, complaining of continued and increasing symptoms, including abdominal pain and continued rectal bleeding. Noting the absence of hemorrhoids to account for the bleeding, Dr. Cohen again referred the plaintiff to Dr. Block. On May 10, 1996, Block performed another colonoscopy and found ulceration of the ileoceal valve, a polyp and an anorectal fissure. A pathology examination disclosed acute and chronic inflammation; severe colitis with ulceration of the ileocecal valve. Thereafter, the plaintiff was told that he had IBS and no treatment for Crohn's disease was rendered by either defendant; the plaintiff was prescribed only medication for his continuing and worsening diarrhea and abdominal pain. In 1999, the plaintiff was referred to a new gastroenterologist, who diagnosed his condition as Crohn's disease. By this time, the plaintiff's bowel disease had progressed to the point of severe ulceration and a bowel stricture, and surgery was required. The plaintiff had 14 inches of his bowel removed.
Settlement Discussions
The plaintiff demanded C.C.P. Section 998 of $29,999, with an indication that he might take less. The defendants served a joint 998 offer to waive costs in exchange for dismissal of both defendants.
Damages
No specials in evidence; general damages only for bowel surgery.
Other Information
The arbitration was held before Hon. James Jackman of Judicate West.
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