This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.


Personal Injury
Medical Malpractice
Medical Battery

Janice Dison-Simmons v. Arthur I. Johnson, M.D. and Cedars-Sinai Medical Center

Published: Feb. 7, 1998 | Result Date: Oct. 7, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC159541 Verdict –  $0

Judge

Richard P. Kalustian

Court

L.A. Superior Central


Attorneys

Plaintiff

Douglas W. Perlman
(Rastegar Law Group APC)


Defendant

Michael A. O'Flaherty

N. Denise Taylor
(Taylor DeMarco LLP)


Experts

Plaintiff

Karen Wulfson
(medical)

William Karow
(medical)

James W. Mayer
(medical)

Defendant

Lawrence Sporty
(medical)

Juan C. Felix
(medical)

William Parker
(medical)

Facts

On Oct. 26, 1995, plaintiff Janice Dison-Simmons, a 39-year-old woman, presented to defendant Dr. Arthur Johnson, with complaints of severe, difficult or painful menstruation (dysmenorrhea) and heavy menses. Plaintiff reported the recent discovery of a benign tumor of the uterus (myoma). During a pelviscopy and hysteroscopy, which was performed to assess the myomata and rule out endometriosis, defendant Johnson discovered a 9-10 cm. right ovarian dermoid cyst, which appeared torsed and had obliterated the ovary. Defendant Johnson removed the ovarian mass, which invaded almost the entire ovary. The plaintiff brought this action against the defendants Johnson and Cedars-Sinai Medical Center, alleging medical battery, lack of informed consent and negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $29,999. The defendant made a C.C.P. º998 offer of compromise for a waiver of costs.

Specials in Evidence

$5,500

Injuries

The plaintiff claimed to sustain infertility, emotional distress and pain and suffering.

Other Information

The verdict was reached approximately 11 months after the case was filed.

Deliberation

2½ hours

Poll

10-2 (defendant Johnson; 12-0 (defendant Cedars-Sinai)

Length

six days


#125687

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390