Rudolfo Zendejas v. Thomas Choi
Published: Aug. 20, 2002 | Result Date: Jun. 28, 2002 | Filing Date: Jan. 1, 1900 |Case number: VC031585 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Roy Oyakawa
(medical)
Bud Kurwa
(medical)
Scott A. Smith
(medical)
Defendant
Peter Katona
(medical)
James J. Salz M.D.
(medical)
Facts
In December 1998, the 35-year-old plaintiff, a teacher with the Los Angeles School District, developed herpes
zoster opthalmicus in his left eye.
He was treated by the defendant opthalmologist Dr. Thomas Choi with anti-virals and steroid drops. The virus
was thought to have invaded the peripheral cornea as evidenced by opacities.
Several months later, the plaintiff's vision began to unexpectantly drop from 20/20 down to 20/50 over four
visits with the defendant in April and May 1999. The vision was not improved with refraction.
A fluorescein angiogram was performed which was interpreted as being normal.
The plaintiff ultimately saw other ophthalmologists on his own, and by May 24, 1999, his vision was down to
20/100.
The physician he saw on that day felt he had a probable optic neuropathy.
By June 7, 1999 he was seen by another physician and his vision was down to 20/400, again with a diagnosis
of optic neuropathy at which time he was referred to the neuro-opthalmologists at Doheny Eye Clinic.
The plaintiff was diagnosed with herpes zoster opthalmicus with optic nerve involvement.
The physicians at Doheny prescribed Acyclovir and the vision in the plaintiff's left eye progressed from 20/400
to no light perception over the course of several months.
In July 1999, the plaintiff began to have flickering sensations in his right eye, without any objective evidence of
optic neuropathy.
The physicians at Doheny prescribed steroids orally for three months and the subjective
symptoms resolved.
Settlement Discussions
The plaintiff submitted a demand of $200,000 and this was subsequently raised to $310,000.
Specials in Evidence
$750 $60,000 (the parties stipulated that the past lost earnings were $60,000). The plaintiff waived his claim for future lost earnings.
Deliberation
one hour
Length
five days
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