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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Surgery

Sue Ann McGregor v. R. Victor Gallardo, M.D.

Published: Nov. 30, 1996 | Result Date: Oct. 2, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 745616 –  $0

Judge

Barbara Tam Nomoto-Schumann

Court

Orange Superior


Attorneys

Plaintiff

Craig S. Walkon


Defendant

Steven D. Hillyard


Facts

On Feb. 21, 1994, plaintiff Sue Ann McGregor, a homeowner, fell and fractured her ulna and dislocated the radius of her left arm. An open reduction with internal fixation was done by defendant Dr. Gallardo using a Rush rod. Dr. Gallardo followed the plaintiff post-operatively until June 7, 1994. Serial x-rays were taken by Dr. Gallardo showing good alignment but a delayed union. The plaintiff then changed insurance to FHP and, when first seen at that facility, the fracture was out of alignment and the radial head had subluxed. FHP physicians performed an open reduction with internal fixation using plates in July 1994. The radial head again subluxed. Another surgery was done in December 1994, resulting in good alignment. The plaintiff alleged she had adecreased range of motion and strength in the left arm. The plaintiff brought this action against the defendant based on profesional negligence and medical malpractice theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $29,999.99, reduced to $100,000 at the mandatory settlement conference. The defendant made no settlement offer.

Specials in Evidence

collateralized $___________ $___________ $___________

Injuries

The plaintiff alleged she suffered decreased range of motion and strength in her left arm, arthritis and two unnecessary surgeries.

Other Information

The verdict was reached approximately ____ years and _______ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/1996 before _________________ (name) of _____________ (affiliation or court) resulting in ____________ .

Deliberation

45 minutes

Poll

12-0

Length

3 days


#78953

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