Russell Lager v. Brian Machida, M.D.
Published: Oct. 29, 1994 | Result Date: Sep. 20, 1994 | Filing Date: Jan. 1, 1900 |Case number: GC008648 – $0
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
Linda Star
(Hartsuyker, Stratman & Williams-Abrego)
Experts
Plaintiff
Michael D. Landman M.D.
(medical)
James I. Fisher
(medical)
Defendant
Paul Toffel
(medical)
Facts
In November of 1992, Plaintiff Russell Lager underwent a tonsillectomy, septoplasty, and turbinectomy by Defendant Brian Machida, M.D. Postoperatively, Plaintiff developed bleeding. Preoperative testing indicated that Plaintiff had a mild form of hemophilia. Plaintiff was a 28-year-old warehouseman for a lumber company at the time.
Settlement Discussions
Defendant contends he made no offers (no consent) and Plaintiff demanded $97,000. Plaintiff contends that Defendant offered $29,999.
Specials in Evidence
$47,000 (per Plaintiff) $37,000 (per Defendant) $10,000
Injuries
Bleeding requiring 6 surgical procedures to control bleeding and resulting in nasal regurgitation as well as ear and sinus problems requiring 7 ear surgeries, including a mastoidectomy.
Deliberation
6 hours
Poll
10-2
Length
10 days
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