Keith Fialcowitz v. Joseph Wu, M.D.
Published: Jan. 13, 1996 | Result Date: Nov. 22, 1995 | Filing Date: Jan. 1, 1900 |Case number: 713688 – $482,500
Judge
Court
Orange Superior
Attorneys
Plaintiff
Stephen C. Ball
(Ball & Bonholtzer)
Defendant
Margaret M. Holm
(Tyson & Mendes LLP)
Experts
Plaintiff
Avron Bluming
(medical)
Dan C. Bird
(medical)
Lawrence Wellikson
(medical)
Facts
Between 1985 and 1987, plaintiff Keith Fialcowitz, a 26-year-old film maker, was treated by defendant Dr. Joseph Wu for symptoms of episodic hypertension, headaches and nausea. The defendant doctor diagnosed stress as the cause of the plaintiff's symptoms. Five years later, the plaintiff was diagnosed with a tumor of the adrenal gland. The plaintiff brought this action under negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $100,000. The defendant made no settlement offers.
Specials in Evidence
not claimed not claimed $___________ $167,500
Injuries
The plaintiff claimed possible cancer reoccurrence.
Other Information
The verdict was reached approximately two years, five months and two weeks after the case was filed. A motion to periodicize is pending. The plaintiff-in-intervention received a credit right in exchange for compromising its subrogation recovery.
Deliberation
5 hours
Poll
12-0
Length
4 days
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