Confidential
Settlement – $450,000Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Evan L. Ginsburg
(Law Offices of Evan L. Ginsburg)
Defendant
Experts
Plaintiff
Edward D. Nusbaum
(medical)
Brian Gordon
(medical)
Joyce Elaine Pickersgill
(technical)
Robert J. Sbordone M.D.
(medical)
Richard H. Andolsen
(technical)
Beth Garino
(medical)
Bruce L. Danto
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Richard Lee Stennes
(medical)
Kenneth L. Nudleman M.D.
(medical)
Facts
Plaintiff, a 26-year-old Army lieutenant, struck his head during an on-base football game and was taken to an Army hospital, allegedly having lost consciousness, being dizzy, and having blurred vision, nausea. He was seen by Defendant emergency room doctor; X rays were allegedly taken which interpreted as showing no skull fracture. No CT scan or MRI was ordered, despite alleged recommendations from the hospital staff. Two days later, Plaintiff returned with loss of sleep, blurred vision, loss of consciousness, and nausea; Defendant ordered X rays which revealed a skull fracture and sent Plaintiff home. Four days later, Plaintiff returned to the hospital; he was seen by another physician and sent for a CT scan. Plaintiff was diagnosed with a epidural hematoma, was air evacuated to a San Diego hospital for surgery, underwent a craniotomy in which the epidural hematoma was removed, and was discovered to also have a subdural hematoma. Several months post incident, Plaintiff developed a seizure disorder.
Settlement Discussions
Plaintiff contends his original demand was $5,400,000 and Defendant made no offers until this result.
Specials in Evidence
$80,000 $1,000,000 $200,000
Damages
Plaintiff claimed additional general damages of $1,500,000.
Injuries
Following surgery Plaintiff was found to be epileptic, had lost approximately 30 I.Q. points, suffered from incontinence during weekly epileptic seizures, and was unable to function in any normal capacity. He became violent and decided, for the safety of his wife, that he must divorce her and was discharged from the service as unfit for duty. He has returned home to live with his parents.
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