Raffi Simon v. Patricia Isely, M.D. and Johnny Li, M.D.
Published: Jul. 19, 1997 | Result Date: May 28, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC031772 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
C. Duffy Buchanan
(C. Duffy Buchanan PC)
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Aaron Stone
(medical)
Defendant
Jacob E. Tauber M.D.
(medical)
Facts
On May 13, 1994, plaintiff Raffi Simon, a 45-year-old automobile detailer, placed his hand through a pane of glass, injuring his hand. He presented to the emergency room. The emergency room physician, defendant Patricia Isley, M.D., took x-rays of the plaintiff's hand and wrist but did not include his left small finger. An orthopedic consultation by Johnny Li, M.D., ruled out nerve or tendon damage. The wound was cleansed and sutured. The plaintiff continued to complain of pain. Several weeks later, x-rays revealed retained glass fragments in the plaintiff's left small finger. On July 11, 1994, The plaintiff underwent surgery to remove those fragments. The plaintiff brought this action against the defendant doctors based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $265,950 against Dr. Isley, and a C.C.P. º998 settlement demand for $159,570 against Dr. Li. The defendant made no settlement offers.
Damages
The plaintiff asked the jury for $125,000 in damages.
Injuries
The plaintiff claimed that foreign bodies were retained in his left small finger, requiring subsequent surgery to remove them. The plaintiff also claimed he suffered decreased range of motion, rendering him unable to continue his employment.
Other Information
The verdict was reached approximately two years and one month after the case was filed. Counsel for Dr. Isley indicated that he withdrew his standard of care expert and used his client as his expert so as to avoid "finger pointing" at defendant Dr. Li, the orthopedist. A settlement conference was held on March 4, 1997 before Judge Marvin Rowen of Van Nuys Superior Court. It did not resolve the matter.
Deliberation
1½ hours
Poll
12-0 defense (for Dr. Li); 10-2 defense (for Dr. Isley)
Length
7 days
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