Debra Horton v. Robert Johnson, M.D.
Published: Feb. 15, 1997 | Result Date: Oct. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: 737362 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Scott W. Wellman
(Wellman & Warren LLP)
Defendant
Experts
Plaintiff
Maclyn E. Wade
(medical)
Defendant
Robert Futoran
(medical)
Facts
In June 1993, plaintiff Debra Horton, a 35-year-old homemaker, had an abnormal pap smear. A subsequent coloscopy, ECC and biopsy revealed the diagnosis of carcinoma in situ, with HPV changes. Defendant Dr. Robert Johnson then performed a LEEP procedure. His margins were clear, but only 2 mm. of the tissue was removed. In November 1993, the plaintiff returned for a follow-up pap smear. This study also returned abnormal. The defendant initially recommended waiting four months before repeating the pap smear. However, the plaintiff insisted on further investigation. Thus, the defendant performed cryotherapy. Three weeks later, the plaintiff left the defendant's care, and went to Dr. Theresa Avants. Dr. Avants informed the plaintiff that the defendant's performance of cryotherapy without repeat colposcopy was negligent and that the treatment could hide cancerous tissue. Dr. Avants subsequent pap smear was normal and a later colposcopy and ECC failed to reveal any abnormalities. However, the colposcopy was deemed "unsatisfactory" because Dr. Avants could not see more than 1 cm up the plaintiff's endocervical canal. Thus Dr. Avants recommended and performed a second LEEP procedure, which returned negative. The plaintiff brought this action against defendant Dr. Johnson based on negligence and medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $85,000, reduced to $29,999. The defendant made no settlement offers.
Specials in Evidence
$10,000
Damages
The plaintiff claimed damages in the amount between $25,000 to $125,000.
Other Information
The verdict was reached approximately two years and one month after the case was filed.
Deliberation
25 minutes
Poll
12-0
Length
4 days
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