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Personal Injury (Non-Vehicular)
Medical Malpractice
Lack of Informed Consent

Robert Teruel, et al. v. R. Darrell Cannon, M.D., et al.

Published: Feb. 7, 1998 | Result Date: Jan. 20, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 713103 Arbitration –  $0

Arbitrator

Jack O'Brien

Court

Orange Superior


Attorneys

Claimant

Douglas A. Scott


Respondent

Steven R. Van Sicklen


Experts

Plaintiff

Jeffrey Huffman
(medical)

Claimant

Steven H. Barag
(medical)

Facts

On July 10, 1992, at the Los Alamitos Medical Center, Dr. R. Darrell Cannon, assisted by Dr. John Ingram, (a defendant later dismissed), attempted to remove claimant Robert Teruel's kidney stones through urethroscopy. The basket used to capture the stones perforated the ureter, and a double-J stent was inserted. The procedure was then terminated. Arrangements were made for claimant to receive follow-up care with the Department of Urology, which is associated with the University of California, Irvine (UCI). Claimant was not satisfied with this facility because they wanted him to undergo another urethroscopy procedure. Claimant subsequently underwent successful lithotripsy on Sept. 17 at St. Joseph Hospital. The claimant brought this medical malpractice action against respondents based on lack of informed consent theories of recovery. Claimant's wife sued for loss of consortium.

Settlement Discussions

The claimants made a settlement demand for $80,000. The respondents made no offer.

Specials in Evidence

$26,765

Injuries

The plaintiff suffered a torn ureter.

Other Information

BINDING ARBITRATION: A binding arbitration was held in December 1997 before retired judge Richard Byrne (neutral) resulting in the reported defense award. Respondent's arbitrator was attorney H. Gilbert Jones of Lewis, D'Amato, Brisbois and Bisgaard. Claimant's arbitrator was Jack O'Brien of Horton, Barbaro & Reilly.

Length

one day (arbitration)


#125679

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