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CONFIDENTIAL

Apr. 22, 1995

Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to Diagnose

Confidential

Settlement –  $245,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert L. Luty
(Robert L Luty Attorney at Law)


Defendant

Paul L. Tetreault


Experts

Plaintiff

Chester Semel
(medical)

John Griffies
(medical)

Defendant

Lamar Johnson
(medical)

Dan C. Bird
(medical)

Facts

On March 16, 1992, Plaintiff, a 51-year-old interior decorator, developed abdominal pain and was seen a hospital (not a Defendant in this case) emergency room, where she was diagnosed with gastroenteritis. The next day, she went to Defendant medical facility for continuing right lower abdominal complaints; she was seen by a triage nurse who told her to continue taking medication for gastroenteritis. The following day, she telephonically contacted her personal physician at Defendant medical facility, who gave Plaintiff the same advice as the triage nurse. Four days later she suffered a perforated appendix and was rushed to Defendant for drainage of abdominal abscess caused thereby. She remained in the hospital for 27 days and was given triple antibiotics, including gentamicin for 27 days. Plaintiff suffered bilateral total vestibular loss due to the gentamicin.

Settlement Discussions

Plaintiff contends no offers or demands were exchanged prior to this result.

Specials in Evidence

none (MICRA) $37,000 $47,000

Injuries

Plaintiff suffered bilateral total vestibular loss.


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