Jan M. Prendergast v. Dominick A. Ricci, M.D.
Published: May 21, 1994 | Result Date: Apr. 4, 1994 | Filing Date: Jan. 1, 1900 |Case number: 651546 – $100,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Paul J. Pfingst
(Higgs Fletcher & Mack LLP)
Experts
Plaintiff
Mark Caminker
(medical)
Defendant
Alan Larson
(medical)
Facts
Plaintiff Jan M. Prendergast began seeing Defendant Dr. Dominic A. Ricci as her primary-care doctor in May of 1991. She went to his office on May 3, 1991, where he conducted a complete physical exam, including a digital rectal exam. Plaintiff thought the rectal exam was longer than others she had experienced, but Defendant said he was trying to get a stool sample. He recommended that she have a colonoscopy following this exam. On May 9, 1991, a colonoscopy was performed at Scripps Memorial Hospital in Encinitas. The finding was no cancer, irritable bowel syndrome. On May 16, 1991, Plaintiff was again examined by Defendant Dr. Ricci in his office. She had a new condition of pus drainage from her buttocks, which he examined that day. His exam included a digital rectal exam; he said he was trying to get a stool sample and the location of a possible fistula. In addition, he explained that he wanted to examine the vaginal area for fistula; she agreed. The exam on this date seemed to again take longer than she thought usual, but Plaintiff believed Defendant when he told her of the necessity; Defendant referred Plaintiff to a proctologist, due to potential fistula. In May and June, Plaintiff saw proctologist Dr. Richman; on June 7, 1991, Dr. Richman performed an incision and drainage of a perirectal abscess; no further complaints of the area were treated. On September 13, 1991, Plaintiff went to see Defendant because of a swollen right ankle. During this office visit, Defendant Dr. Ricci briefly examined the ankle and than said he wanted to get a stool sample. Defendant performed a rectal exam where Plaintiff was placed in 2 positions; first she was placed in the left lateral position; then Dr. Ricci placed her in the knee-chest position, a position he had not used before. He performed a digital rectal exam in the knee-chest position for ten minutes and removed and reinserted his fingers 2 or 3 times. Finally, near the end of the rectal exam Dr. Ricci allegedly became very quiet and started to move his finger in a massaging fashion, slowly. Plaintiff broke out in a cold sweat and realized that something sexual was happening. She was very uncomfortable and demanded that the Defendant stop. She found a lot of jelly in both her rectal and vaginal areas. Plaintiff left the office, feeling sick and nauseated on the way home. In February of 1992, Dr. Dominick A. Ricci was arrested because of complaints from 2 other women, concerning rectal examinations; Plaintiff then reported her incident to the CA Medical Board. In 1991, Plaintiff was a 45-year-old senior manager of human resources at a San Diego golf manufacturing company.
Settlement Discussions
Plaintiff contends her demand was a 998 in the amount of $100,000 and Defendant made no offers before trial.
Specials in Evidence
$1,588 (partially collateralized) not claimed
Injuries
Depression, anxiety, humiliation, flashbacks, nightmares, and interference with sexual relations with her husband; post-traumatic stress disorder and adjustment disorder requiring psychotherapy.
Result
The jury found that Defendant Ricci was negligent, voted 8-4 in favor of Plaintiff on negligence-caused injury; that Dr. Ricci committed a battery; that the battery caused injury and damage, with damages of $100,000 and medical treatment of $1,588 (no deduction for insurance payment of $667); and that Dr. Ricci acted with oppression and malice. The Court ordered the jury to return the following morning to finish deliberating on the question of causation as to negligence.
Other Information
Following the April 4, 1994, verdict by the jury, this case settled for $100,000.
Deliberation
2.5 hours
Poll
12-0
Length
6 days
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