Richard D. Ireland v. Louis Vazquez, M.D.
Published: Feb. 12, 1994 | Result Date: Jan. 21, 1994 | Filing Date: Jan. 1, 1900 |Case number: YC012408 – $0
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Michael A. Zuk
(Herzfeld & Rubin LLP)
Experts
Plaintiff
Gary Dorfman
(medical)
Defendant
Stephen D.K. Ross
(medical)
Facts
Plaintiff, a 53-year-old aircraft quality engineer, had a 3-year history of pain in his right foot when he dropped a weight on his right foot. He had X rays taken at South Bay Community Hospital; no fracture was found. However, due to continued complaints, Plaintiff sought treatment from Defendant Dr. Louis Vazquez, a board certified orthopedic surgeon. Dr. Vazquez diagnosed a hallux rigidus of the right great toe and recommended surgery for the placement of a Swanson silastic hemi-implant in the right great toe. Dr. Vazquez also diagnosed a hammertoe deformity in the right second toe and recommended a tenotomy and capsulotomy. Plaintiff consented to these surgeries and underwent the surgeries on June 3, 1991. Due to the webbing between the second and third toes, Defendant performed a tenotomy and capsulotomy to the third toe. Plaintiff's post-operative visits were unremarkable (according to Defendant); he did not return to see Dr. Vazquez. On December 26, 1991, Plaintiff sought treatment from a podiatrist, Gary Dorfman, D.P.M. Plaintiff gave a history of excruciating pain from the date of Dr. Vazquez' surgery. Dr. Dorfman performed another implant surgery, tenotomies and capsulotomies to the second and third toes, osteotomies of the third and fourth metatarsals, and tenotomy and capsulotomy of the fifth toe.
Settlement Discussions
Defendant contends they gave no consent (therefore no offer) and Plaintiff made a 998 demand of $125,000 reduced to $75,000 (998) before trial.
Specials in Evidence
$23,737 (per Defendant), $1,000 out of pocket (per Plaintiff) $10,000
Injuries
Six months of pain following Defendant's surgery requiring additional surgery and three months of additional pain; residual potential of arthritic type pain developing in the great, third, and fourth toes.
Deliberation
3.5 hours
Poll
12-0
Length
5 days
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