Tesha Allen v. Rehab Net, et al.
Published: Feb. 17, 1996 | Result Date: Jan. 4, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC028988 – $793,619
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Martin J. Cooper
(medical)
Mark S. Sanders Ph.D.
(technical)
Joyce Elaine Pickersgill
(technical)
Susan Bass
(medical)
Monica Milholt
(medical)
Laura Audell
(medical)
Paul Barkopoulos
(medical)
H. Leon Brooks M.D.
(medical)
Defendant
Mark McGowan
(medical)
John Reeves II
(medical)
Clive M. Segil M.D.
(medical)
Mark Greenberg
(medical)
Richard G. Ness
(medical)
Elliott E. Blinderman
(medical)
Facts
On April 20, 1993, the plaintiff, Tesha Allen, a 45-year-old legal secretary, received physical therapy at the defendant, Santa Monica Hospital, from the defendant's therapist. After the therapy was completed, the therapist told the plaintiff she could leave the table. The plaintiff fell when she got off the table. The plaintiff brought this action against the defendants based on medical malpractice theories of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff made a $980,000 settlement demand and the defendant offered $25,000. Per the defendant, the defendant offered $50,000.
Specials in Evidence
$52,000 (paid by workers' compensation) $94,600 $715,231 $100,000
Injuries
The plaintiff alleged that she sustained a 5-6 millimeter disc herniation at L1-2 (disputed) requiring future surgery as a result of the accident. The plaintiff also alleged that she continued to suffer from a chronic pain syndrome and would be unable to work in the future. The plaintiff also claimed an aggravation of a pre-existing bipolar psychological condition.
Other Information
The verdict was reached one year and nine months after the case was filed. The jury found the plaintiff to be 30% contributorily negligent.
Deliberation
2 days
Poll
12-0 negligence; 11-1 contributory negligence
Length
15 days
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