Confidential
Settlement – $450,000Court
Confidential
Attorneys
Plaintiff
Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)
Penelope A. Phillips
(Kenneth M. Sigelman & Associates)
Facts
The plaintiff, a 48-year-old construction superintendent, suffered bilateral foot drops as a result of compartment
syndrome that developed during the 10 1/2 hour low back surgery performed by the defendant physician at the
defendant hospital in the knee-chest position on a surgical table manufactured by the defendant manufacturer.
Settlement Discussions
Various offers were submitted by the defendants. The plaintiff submitted C.C.P. Section 998 demands of $250,000 as to the defendant physician; $150,000 as to the defendant manufacturer and $75,000 as to the defendant hospital.
Specials in Evidence
paid for by workers' compensation The plaintiff alleged the present value at $200,000; the defense maintained the figure was less than $50,000 to be paid for by workers' compensation
Injuries
Compartment syndromes of both lower legs, causing permanent nerve damage. Residuals included bilateral foot drops, requiring the plaintiff to wear orthotics and significantly limiting the plaintiffÆs mobility.
Other Information
The defendant hospital settled for $75,000; the defendant physician settled for $225,000 and the defendant manufacturer settled for $150,000. Shortly before trial, the plaintiff purchased a workersÆ compensation lien of approximately $50,000 for $500.
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