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Personal Injury
Medical Malpractice
Negligent Surgery

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

Ralph W. Dau

Court

L.A. Superior Central


Attorneys

Plaintiff

Grant E. Propper

Jacques Beugelmans


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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