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Personal Injury (Non-Vehicular)
Medical Malpractice
Surgical Negligence

Charles Bonds v. Mohan Roy, M.D.

Published: Oct. 29, 1994 | Result Date: Aug. 19, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 664259 –  $570,381

Judge

H. Warren Siegel

Court

Orange Superior


Attorneys

Plaintiff

Howard D. Krepack


Defendant

Walter J. Tribbey


Experts

Plaintiff

Frederic L. Edelman M.D.
(medical)

Joyce Elaine Pickersgill
(technical)

Stuart Hodash
(medical)

Arthur Golding
(medical)

Defendant

Michael S. Adams
(technical)

Jan W. Duncan
(medical)

Robert L. Shuman M.D.
(medical)

Facts

On August 3, 1990, Plaintiff Charles Bonds, a 46-year-old mechanic for the government of Guam, was diagnosed with bilateral subclavian artery occlusion requiring bypass surgery. The surgery was performed at La Palma Intercommunity Hospital by Defendant Mohan Roy, M.D., a cardiovascular and thoracic surgeon. During the surgery, Defendant damaged the C5-6 nerve trunk adjacent to the subclavian artery.

Settlement Discussions

Plaintiff contends they made a 998 demand of $250,000 in October of 1992 and Defendant made a 998 offer of $115,000 in January of 1993. Plaintiff further contends that, during trial and following jury selection, Defendant offered a $225,000 present value structure.

Specials in Evidence

$36,156 $8,447 (after offset for disability retirement) $62,152 (without offset) $193,068 (after offset) $439,678 present value (without offset) $5,000 to $15,000 (approximately)

Injuries

Lesion injury of the upper trunk of the brachial plexus, resulting in complete paralysis of the right deltoid, biceps, and brachial radialis -- no treatments available.

Deliberation

5 hours

Poll

not taken

Length

5.5 days


#78274

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