Stomp v. The Regent of the University of California
Published: May 12, 2012 | Result Date: Oct. 5, 2011 | Filing Date: Jan. 1, 1900 |Case number: 30-2009-00287347 Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Marshall Silberberg
(Law Office of Marshall Silberberg)
Defendant
Margaret M. Holm
(Tyson & Mendes LLP)
Experts
Plaintiff
Edwin C. Amos M.D.
(medical)
Michael F Moran
(Moran Law)
(medical)
Defendant
Michael A. Gold
(Jeffer Mangels Butler & Mitchell LLP)
(medical)
Facts
A teacher filed suit against the Regents of the University of California following an incorrect diagnosis by by an epilepsy specialist and neuroophthalmologist at UCI. She was diagnosed as having epileptic seizures, instead of neurocardiogenic syncopy, which had caused fainting spells.
Settlement Discussions
Plaintiff's final demand before trial was $350,000. The defense offer was $29,999.
Damages
Plaintiff sought nearly $1 million, blackboarding the sum of $938,000.
Injuries
Plaintiff suffered severe injuries as a result of one of her falls, including a broken jaw and lost teeth. She was unable to drive nor able to work due to the unexpected, frequent "spells" she was experiencing. Plaintiff had been diagnosed with seizures before consulting with UCI by several doctors and was being treated for them. She remained a patient at UCI for 6 months, undergoing many tests that did not confirm the diagnosis, although her new medications seemed to be decreasing the "seizures" (as described by the patient). A non-UCI cardiologist and psychiatrist diagnosed neurocardiogenic syncope and began treatment of her blood pressure. Her "spells" (as she now described them) seem to have disappeared. Subsequent neurologists have all been of the opinion she probably has several causes for her problems. Plaintiff was under psychiatric care, as well, both before, during and after her care with UCI. She is now back to teaching.
Result
The jury found in favor of the defense.
Poll
12-0
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