Shawn Torres v. Norman Merchant
Published: Jan. 21, 2004 | Result Date: Nov. 26, 2003 | Filing Date: Jan. 1, 1900 |Case number: RCV048932 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Jennifer L. Sturges
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Jaye Bernstein
(medical)
Gunther R. Bauer
(medical)
Defendant
William Parker
(medical)
Keith L. Klein
(medical)
Arthur Cohen
(medical)
Barton H. Wachs
(medical)
Facts
The plaintiff underwent a total hysterectomy in July 1999 and a bilateral oophorectomy in January 2000, both by Dr. Norman Merchant. In March 2000, the plaintiff was found to have a completely obstructed left ureter. The ureter was resected and suture material was found on pathology adjacent to the ureter.
Settlement Discussions
The plaintiff demanded C.C.P. Section 998 for $224,000 ; there was no offer.
Specials in Evidence
in excess of $18,000
Damages
The plaintiff claimed MICRA limits of $250,000 in general damages.
Deliberation
1.5 days
Poll
11-1
Length
11 days
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