Dennis Kroll v. Albert Nielsen, M.D.
Published: Jan. 4, 1997 | Result Date: Sep. 23, 1996 | Filing Date: Jan. 1, 1900 |Case number: 112143 – $0
Judge
Court
Butte Superior
Attorneys
Plaintiff
Defendant
Robert H. Zimmerman
(Schuering, Zimmerman & Doyle LLP)
Experts
Plaintiff
Mark Winchester
(medical)
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
David Ferrera
(medical)
Defendant
Thomas A. Ports
(medical)
Robert Polhemus
(medical)
Facts
In January 1991, plaintiff Dennis Kroll, a 42-year-old maintenance worker, treated with the defendant physician, Albert Nielsen, M.D., for an episode of chest discomfort, occurring after splitting wood, which was described as sharp and stabbing. The plaintiff reported that the pain resolved spontaneously after he bent over for several minutes. After taking a history, the defendant physician completed a physicial examination which revealed tenderness to palpation in the pectoralis area bilaterally and pain upon movement of the upper extremities. Further, the defendant physican performed a resting EKG which was normal and advised the plaintiff to return if the symptoms recurred. The plaintiff experienced an acute myocardial infracton 10 days later, which resulted in significantly decreased cardiac function. The plaintiff brought this action against the defendant based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $600,000. The defendant made no settlement offers.
Specials in Evidence
covered by insurance $103,000 $414,000 to $486,000 $____________________
Injuries
The plaintiff alleged he unnecessarily suffered a heart attack as a result of the defendant's negligence.
Other Information
The verdict was reached approximately five years and two months after the case was filed. A settlement conference was held on Feb. 15, 1994. It did not resolve the matter.
Deliberation
1+ hours
Poll
9-3
Length
5 days
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