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Personal Injury (Non-Vehicular)
Medical Malpractice

Sylvia Horvath Rohde v. Lorraine Massa, M.D., George Guido, M.D.

Published: Mar. 25, 1995 | Result Date: Feb. 3, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 348354 –  $0

Judge

James L. Browning Jr.

Court

San Mateo Superior


Attorneys

Plaintiff

Michael J. Moriarty


Defendant

Richard W. Wilson

Nancy E. Hudgins


Experts

Plaintiff

David Gandara
(medical)

Ralph Levin
(medical)

Thomas O'Connell
(Buchalter) (medical)

Defendant

Kevin W. Olden
(medical)

Ralph Rozh
(medical)

Anthony Cosentino
(medical)

Richard J. Cohen
(medical)

Facts

Plaintiff Sylvia Horvath Rohde was evaluated by pulmonologist Defendant Dr. Lorraine Massa. When she suspected lung cancer, she recommended that Plaintiff undergo invasive procedures by Defendant Dr. George Guido. On February 10, 1989, Plaintiff underwent mediastinoscopy and right thoracotomy by Dr. Guido. The procedures proved no cancer. Plaintiff complained that the surgical procedures had been unnecessary and that she had been left with a painful and disfiguring thoracotomy scar. At the time Plaintiff was a 68-year-old, semi-retired, (construction) estimator.

Settlement Discussions

Defendants contend there were no offers made and Plaintiff demanded $200,000 plus.

Specials in Evidence

not disclosed $80,000 yearly

Damages

Plaintiff asked the jury to award $250,000 plus income loss. Defendant asked the jury for a defense verdict.

Injuries

Plaintiff claimed disfiguring and painful thoracotomy scar, which extended across her lower breast, disabled her from continuing to work on a contract basis as an estimator for construction contracts.

Other Information

The Court ruled that informed consent cause of action would go to the jury, only as to Dr. George Guido.

Deliberation

4 hours

Poll

11-1 no negligence as to Massa, 12-0 no negligence as to Guido

Length

12 days


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