Confidential
Settlement – $400,000Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Duncan Q. McBride
(medical)
Defendant
Ted Vavoulis
(technical)
Facts
In 1990, defendant, an orthopedic surgeon, performed lumbar surgery on plaintiff, a 39-year-old package designer, with good results. In early 1995, plaintiff re-injured her back and after conservative care, defendant recommended surgery at the L5-S1 level to remove a herniated disc. The plaintiff had transitional anatomy in the lumbar spine resulting in six lumbar vertebrae instead of the usual five. The defendant failed to recognize that plaintiff had an additional vertebrae and consequently operated at the wrong level. In the course of this operation, plaintiff sustained a foot-drop, presumably due to injury of the L5-S1 nerve. The plaintiff brought this action against defendant based on a medical malpractice theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 settlement demand for $450,000. The defendant did not make a statutory offer.
Damages
The plaintiff claimed $650,000 in damages.
Injuries
The plaintiff claimed to suffer a permanent foot-drop and numbness of the left leg.
Other Information
The settlement was reached approximately one year and seven months after the case was filed.
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