Confidential
Settlement – $725,000Facts
On Jan. 10, 1997, the plaintiff patient, a 52-year-old entertainer, underwent minor surgery to remove a small, superficial skin cancer from his ankle. The defendant surgeon told the plaintiff the operation was successful and without complication. Shortly after the operation, the plaintiff developed excruciating shooting pain in the area of the surgery. For several months following the surgery, the defendant surgeon told the plaintiff that the pain was normal post-operative pain. The pain progressed to a severe complex regional pain syndrome. Subsequent efforts to control the plaintiff's pain were only moderately successful. The plaintiff was placed on multiple pain medications, which affected his ability to drive, work and sleep. The plaintiffs, the patient and his wife, brought this action against the defendant surgeon based on medical malpractice and loss of consortium. A year later, during his deposition, the defendant surgeon admitted that he had lacerated the plaintiff's sural nerve during the operation, but that it was a minor "nick" and he had expected it to heal by itself.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $499,000.
Specials in Evidence
$10,000 $65,000 per year $____________
Injuries
The plaintiff patient claimed he sustained a lacerated sural nerve, resulting in complex regional pain syndrome requiring the plaintifff to take pain medication full time. The plaintiff patient claimed that his need for the pain medication full time prevented him from driving a car, sleeping for more than four hours at a time, and working. The plaintiff patient had a successful history in the entertainment field, but had not earned a regular income for over 10 years. Just before his injury, the plaintiff patient had received an offer of employment as a talent agent for $65,000 per year. The plaintiff wife claimed loss of consortium.
Other Information
A mediation was held on July 26, 1999, before Ken Gack of JAMS/Endispute, resulting in a settlement offer of $500,000 from the defendant doctor. The court granted plaintiff's motion to amend the complaint to allege fraudulent concealment and to demand punitive damages.
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