Confidential
Settlement – $1,000,000Judge
Court
Riverside Superior Palm Springs
Attorneys
Plaintiff
David Hoffman
(David Hoffman APC)
Defendant
Experts
Plaintiff
Joyce Elaine Pickersgill
(technical)
Gerry Aster
(technical)
Herbert S. Gross
(medical)
Miguel Velez
(medical)
Facts
On June 29, 1994, the plaintiff, a 40-year-old homemaker with a history of scoliosis, TMJ syndrome, depression with psychotic features and paranoia, underwent a laparoscopic herniorrhaphy by defendant doctor "A" to repair bilateral inguinal hernias. Defendant doctor "B", then recently retired from general surgery, was assisting. During the placement of a trochar, the right iliac artery was transected. Neither defendant knew who transected the artery. Defendant Dr. "A" noted that when defendant Dr. "B" placed the second trochar, it entered the abdomen in such a way that the fiber optics could not follow. This was allegedly a breach in protocol. When the trochar was removed, its head showed gross blood, typically not observed on removal. Defendant Dr. "B" does not remember whether he placed a trochar during surgery, but he did nothing in the resuscitation of the plaintiff thereafter. The iliac injury was not appreciated until the plaintiff's blood pressure dropped precipitously. The procedure was then aborted. Defendant Dr. "A" commenced an exploratory laparotomy 45 minutes later. After three weeks in the rehabilitation wing of the hospital, the plaintiff was transferred to Casa Colina for five months. Thereafter, she went home with her husband, who took an extended leave of absence to care for her. The plaintiffs, the patient and her husband, brought this action against the defendant doctors based on medical negligence, professional malpractice and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1 million. Per the plaintiff, defendant "A" made a settlement offer of $1 million.
Specials in Evidence
$collateralized $_______ $_______ $_______
Damages
The plaintiff husband claimed loss of consortium. The plaintiff patient claimed $2.1 million in future LOE and MEDS (combined).
Injuries
The plaintiff patient allegedly suffered a severe brain injury and must now be continuously monitored for her well-being.
Other Information
The settlement award was reached approximately one year and six months after the case was filed. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on June 21, 1996, before Judge Robert Taylor. Defendant Dr. B has not consented to settle and the trial will go forward on August 12, 1996.
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