Tamara Chavez v. Eva Abbo
Published: Dec. 20, 2001 | Result Date: Aug. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC744020 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bernard A. Michlin
(medical)
L. David Rutberg
(medical)
Defendant
Mark Kritchevsky
(medical)
Andrew Israel
(medical)
Cary P. Mack
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Martin H. Weiss M.D.
(medical)
Facts
The plaintiff was 42-years-old at the time of trial. The plaintiff was a journeyman checker in a supermarket for
approximately 20 years. She was treated by the defendant between August 1993 and November 1998 primarily
for migraine headaches.
On Nov. 23, 1998, the plaintiff saw the defendant for complaints of imbalance and left facial palsy. Plaintiff
was immediately referred to a neurologist who saw her the next day and ordered an MRI, which showed a 4.3
centimeter acoustic neuroma (vestibular schwannoma). The plaintiff was referred to a neurosurgeon who did a
primary debulking surgery, which took over 23 hours, during which he was not able to remove even half of the
tumor. Within six weeks, plaintiff developed hydrocephalus, which required the placement of a ventricular-
peritoneal shunt.
One-month later, the plaintiff underwent a second debulking surgery. However, within three weeks, she
developed an infection with suspected meningitis and her cranioplasty material and shunt hardware were
removed in a subsequent surgery. Thereafter, plaintiff underwent approximately one month of inpatient
rehabilitation care, followed by approximately one year of outpatient rehabilitation care. Plaintiff was left with
injury to cranial nerves 5, 6, 7 and 8 on the left side, leaving her with hearing loss on that side, left facial
paralysis with the inability to close her left eyelid, leading to a tarsorrhaphy (suturing of her left eyelids
together), an inability to move her left eyeball laterally, and significant left-sided hemiparesis, leaving plaintiff
unable to walk without the assistance of a wheeled walker, and then only for short distances. Plaintiff was
rendered totally disabled.
In February 2001, she underwent surgery to anastomose a portion of left cranial nerve 12 and cranial nerve 7.
The hope was to enervate, at least partially, the cranial nerve 7 in order to decrease the left facial palsy. At the
time of trial, however, there was no improvement from this surgery. Finally, in May 2001, plaintiff underwent
gamma knife surgery to treat the approximately two centimeters of tumor, which remained. The defendantÆs
chart notes for the August 1993 visit were never found and all that remained was a billing record, showing
plaintiff had been seen for sinusitis and left-side barotaxis.
Settlement Discussions
The plaintiffÆs settlement demand before trial was $500,000.
Injuries
The plaintiff underwent a series of seven surgical procedures leaving her with injury to left cranial nerves 5, 6, 7 and 8, resulting in hearing loss on the left side, left facial paralysis, an inability to close her left eyelid with the need for a tarsorrhaphy and a significant left-sided strabismus.
Other Information
The plaintiff claimed past and future economic losses for loss of earnings and benefits, the cost of attendant care, housekeeping services and future medical care in the present value sum of $1,118,443. The plaintiff asked the jury for $500,000 in non-economic damages. The defendant contended that plaintiffÆs economic losses for past and future loss of earnings and benefits, loss of retirement and future medical and attendant care costs would range between $315,349 and $434,608.
Deliberation
two hours
Length
11 days
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