Joe Deocampo v. Richard Ahn, Melvin Belafsky
Published: Nov. 16, 2000 | Result Date: Aug. 20, 2000 |Case number: LC034351A – $4,968,180
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Jason L. Oliver
(Law Offices of Jason L. Oliver)
Defendant
Thomas F. McAndrews
(Reback, McAndrews & Blessey, LLP)
Gregory M. Hulbert
(Hulbert & Hulbert)
Facts
On July 11, 1995, plaintiff Joe Deocampo, then a 40-year-old telephone company field representative, was admitted to settled hospital for a heart attack. He was given blood-thinners (Streptokinase and Heparin), a routine treatment for a heart attack. Beginning around 5 p.m., the patient began having severe back pain, which continued throughout the night. He received medication for the pain. On July 12, at 11 a.m., the patient began complaining of numbness in both legs and the inability to move his toes. At noon, patient's numbness and paralysis increased and he was incontinent. Defendant Richard Ahn, a neurologist, was called. Dr. Ahn was employed by defendant Melvin Belafsky. Dr. Ahn arrived at 1 p.m., examined the patient and ordered a Stat MRI of the spine. Dr. Ahn left the hospital and returned at 3:45 p.m. Dr. Ahn was advised by the hospital's radiologist technician that the MRI had not been done. Dr. Ahn again left the hospital. Dr. Ahn returned to the hospital between 5:30-6:00 p.m. at which time he was advised the patient's condition had dramatically worsened. The MRI still had not yet been performed. At approximately 6:30 p.m., Dr. Ahn called for a neurosurgical consultation. The MRI was finally performed at 9 p.m. It showed an epidural hematoma impinging upon the thoracic spine. Surgery to evacuate the hematoma was started at 11:55 p.m. on July 12.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $1 million in April 1996, which expired. No demand following reversal of defense verdict. The defendant made a C.C.P. Section 998 offer for $2 million in August 2000, after reversal of defense verdict.
Specials in Evidence
$1 million and other damages $122,000 $650,000 ($316,800 present cash value) $9,312,335 and other damages (3,529,375 present cash value)
Injuries
Paraplegia, decubitus (pressure) sores, intractable pain. The plaintiff is a complete T10 paraplegic. He has had 12 surgeries for decubiti in the past five years and he has constant, severe pain in his lower extremities.
Other Information
The case previously was tried before the Hon. Charles Lee in Los Angeles Superior Court, Glendale, in a bifurcated jury trial. On Oct. 23, 1997, the jury found defendant Dr. Ahn negligent, but found no causation. The plaintiff appealed. The jury's finding of no liability was reversed on appeal and the case was remanded for a limited new trial on the issue of damages only. At trial, the plaintiff did not ask the jury to award non-economic (pain and suffering). The hospital settled in 1996 prior to the original trial on liability for $1.5 million.
Deliberation
1.5 days
Poll
12-0
Length
three weeks
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