G. Russell Thomas v. John Thompson, M.D., Intermedics, et al.
Published: Jun. 17, 1995 | Result Date: May 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC089846 – $775,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Michael C. Zellers
(Tucker Ellis LLP)
Experts
Plaintiff
Arthur Kreitenberg M.D.
(medical)
Lawrence Dorr
(medical)
Defendant
Michael Shlens
(medical)
Kendall S. Wagner M.D.
(medical)
Facts
On December 3, 1991, Plaintiff G. Russell Thomas, a 70-year-old retiree, underwent revision surgery to his right hip by Dr. John Thompson. Defendant placed the Plaintiff under a general anesthetic, cut away all of the soft tissue structures, and reamed a hole for the proper prosthetic; only then, Defendant John Thompson, M.D., was advised by a representative of Defendant Intermedics that the appropriate size prosthetic was not available. A prosthetic of the same size, but a different style, was retrieved from another hospital and implanted into Plaintiff; however, this prosthetic cup was not compatible with the prosthetic, due to the surgical procedures which the doctor had already undertaken. Plaintiff began experiencing spontaneous dislocations and had to undergo several corrective surgeries.
Settlement Discussions
Plaintiff contends he made a 998 demand in the amount of $224,950 and Defendants made a combined offer of $120,000.
Specials in Evidence
not disclosed not disclosed
Injuries
Spontaneous hip dislocations requiring 5 additional surgeries. Future treatments and/or surgeries required as well as residual injuries were not disclosed.
Other Information
The claim against Dr. Thompson is controlled by MICRA; the claim against Intermedics does not fall within the purview of MICRA.
Deliberation
2 days
Poll
12-0 liability, 10-2 damages
Length
13 days
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