Lynn Ellis v. Paula Bernstein, M.D.
Published: Jul. 26, 1997 | Result Date: Jun. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC037426 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Kenneth Deck
(medical)
James Carter
(medical)
Defendant
Stephen V. Wilson
(medical)
William Parker
(medical)
Facts
On Jan. 4, 1995, plaintiff Lynn Ellis, a 35-year-old employee of the telephone company, underwent a laparoscopic removal of an inflammatory cyst. It was her fourth gynecological procedure performed by the defendant. The procedure was performed at Cedars-Sinai Medical Center by defendant Dr. Paula Bernstein, an OB/GYN. During the procedure, the plaintiff's sigmoid colon was perforated (although this was not diagnosed until Jan. 8, 1995). On Jan. 8, 1995, the plaintifff had emergency surgery requiring a colostomy. The plaintiff had a colostomy from January through April 1995. In April 1995, she underwent another procedure to reanastomose her sigmoid colon. The plaintiff was out of work from Jan. 4, 1995 through July 1995. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $298,000. The defendant made no settlement offers.
Specials in Evidence
$15,000
Injuries
The plaintiff claimed she suffered a perforated signoid colon that required two additional surgeries, resulting in continued abdominal pain.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
3 days
Poll
11-1
Length
5 days
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