This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Monitoring

Richard Lewis v. Canyon Heights Family Practice Medical Group, et al.

Published: Feb. 3, 1996 | Result Date: Dec. 28, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 710456 –  $455,643

Judge

David H. Brickner

Court

Orange Superior


Attorneys

Plaintiff

Robert L. Charbonneau


Defendant

Peter W. Herzog III

Steven R. Van Sicklen

Dennis K. Ames
(La Follette, Johnson, DeHaas, Fesler & Ames)


Experts

Plaintiff

Wayne H. Lancaster
(technical)

Peter Gaal
(medical)

Walter Ogden
(medical)

Defendant

George A. Macer Jr., M.D.
(medical)

Donald Bittner
(medical)

Dallas C. Long
(medical)

Samuel Wilson
(medical)

David Crnic
(medical)

Oscar F. Jackson
(medical)

Charles S. Lane
(medical)

Theodore Vavoulis
(technical)

Facts

On April 30, 1992, the plaintiff, Richard Lewis, a 55-year-old homicide investigator for the City of Fullerton Police Department, contracted a serious case of poison oak while looking for a murder weapon in an open field. The poison oak was treated by the defendant, Dr. Walter Ogden, from May 4, 1992 to May 22, 1992. Despite complications, including swelling and impaired circulation to the left hand, Dr. Ogden failed to refer the plaintiff to a vascular specialist until May 22, 1992. The plaintiff saw the vascular specialist on May 22, 1992. The vascular specialist recommended an arteriogram, which the plaintiff refused. The plaintiff was admitted to St. Jude's Hospital on May 23, 1992, and was subsequently treated by defendant doctors, Oscar Jackson, M.D. and Bruce Watanabe, M.D. The plaintiff alleged that he lost his thumb and first two fingers of the left hand due to gangrene. The plaintiff brought this action against all the defendants based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a $500,000 settlement demand. The defendants made no settlement offers.

Specials in Evidence

none claimed (paid by collateral source) $500,000 $___________ none claimed (to be paid by collateral source)

Injuries

Loss of thumb and first two fingers of left hand.

Result

as to Drs. Jackson and Watanabe

Other Information

The verdict was reached approximately two years and seven months after the complaint was filed.

Deliberation

2 days and a half days

Poll

12-0 (defense verdict in favor of defendant doctors, Oscar Jackson, M.D. and Bruce Watanabe, M.D.), 9-3 (plaintiff's verdict against the defendants, Walter Ogden, M.D. and Canyon Heights Family Practice Medical Group)

Length

14 days


#78697

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390