Rose Earhart v. Kuldeep Sidhu, M.D., et al.
Published: Jun. 17, 1995 | Result Date: May 25, 1995 | Filing Date: Jan. 1, 1900 |Case number: 242248 – $0
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Barry Vogel
(La Follette Johson De Haas Fesler & Ames)
Experts
Plaintiff
Russell McFall
(medical)
Gerald C. Barnes
(medical)
Stephen L. Weber
(medical)
William P. Duffy
(medical)
Defendant
Dennis J. O'Sullivan
(medical)
Facts
On February 19, 1991, Plaintiff Rose Earhart, a 67-year-old retiree, fell and injured her shoulder; she was seen and x-rayed the next day at Tracy Community Hospital. The X rays revealed a 3-part fracture of the humeral head. She was seen briefly (not examined) by Defendant Dr. Kuldeep Sidhu and told to return to his office in one week. The hospital provided a sling immobilizer for the arm; fractures were not displaced; and surgery was not indicated at that time. Plaintiff next saw Dr. Sidhu on February 28, 1991, at his office. He performed a physical examination and x-rayed the arm. The X ray revealed displacement of the 3 fracture fragments of the proximal humerus. Defendant recommended surgery, which was performed the next day at Tracy Community Hospital. The post-operative course for the patient was significant because of considerable pain. Plaintiff went to another orthopedist who performed an axillary lateral X ray which revealed a posterior dislocation of the shoulder. Plaintiff eventually underwent surgery again to have a humeral head prosthesis implanted. Her recovery revealed a reduction in range of motion. In addition to Dr. Sidhu, Plaintiff sued the hospital, the initial radiologist, and the physical therapist who treated the patient in the period of time after the surgery by Dr. Sidhu. The radiologist and the physical therapist settled out of the case for a total package of $25,000.
Settlement Discussions
Defendants hospital and Dr. Sidhu contend they made no offers and Plaintiff demanded $150,000 reduced to $30,000. Plaintiff contends Dr. Sidhu offered $8,000.
Specials in Evidence
$11,000
Injuries
Plaintiff claimed loss of the humeral head requiring surgical intervention to implant a prosthesis and resulting in loss of range of motion.
Deliberation
2 days
Poll
9-3
Length
8 days
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