Confidential
Settlement – $38,500Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Steven C. Price
(Marron Lawyers APC)
Defendant
Experts
Plaintiff
Donn Hickman
(medical)
Defendant
Brian D. Brantner
(medical)
Facts
Ofelia Perez, 31, sought treatment for a light-colored, slightly raised scar behind her right knee. She met with ophthalmologist Carlos Montoya Sr. at a Downey Laser Institute office. Montoya held himself out to be a licensed physician who had experience in conducting laser procedures for reduction and removal of scars. Montoya informed Perez that her scar would improve by 50 percent, but that she may experience some pain, swelling and/or bleeding after the procedure. Perez was also informed that the scar would become the same color as her natural skin after about six months. Montoya did not inform Perez of any side-effects or risks. After the surgery was completed, Perez was told that the procedure had gone well. At a follow-up appointment, Perez complained that the scar appeared to be getting worse. Perez subsequently sued Montoya and the Downey Laser Institute for medical malpractice.
Settlement Discussions
Perez demanded $99,999; the defendants offered $29,999.
Injuries
Perez claimed her scar became larger, blacker and sensitive to the touch after the surgery. She claimed that the scar was slowly improving, but would never be as small as it was prior to the procedure.
Result
$38,500
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