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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Surgery

Ambrose Meckler, et al. v. Steven A. Scheuer, M.D.

Published: Feb. 22, 1997 | Result Date: Feb. 7, 1997 | Filing Date: Jan. 1, 1900 |

Case number: NC016287 –  $0

Judge

James L. Wright

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Robert R. Hodges


Defendant

Dean J. Smith


Experts

Plaintiff

Jorge Llorente
(medical)

Defendant

Jeffrey Peters
(medical)

Facts

In February 1994, plaintiff Ambrose Meckler, an 81-year-old retiree, was referred to defendant Steven A. Scheuer, M.D. by his primary physician to evaluate an enlarged prostate. Dr. Scheuer examined the plaintiff and found a small nodule in the left side of the prostate. A subsequent biopsy determined that the nodule was cancerous. The defendant doctor recommended that the plaintiff undergo a laparoscopic pelvic lymph node dissection to determine if the cancer has spread beyond his prostate, to be followed by the installation of an iridium implant to treat the cancer if the lymph nodes were not involved. On March 24, 1994, the plaintiff husband was admitted to the Long Beach Memorial Medical Center for that procedure. The laparoscopic pelvic node dissection was to be performed by defendant Dr. Scheuer and the implant was then to be installed by another doctor. After beginning the procedure, Dr. Scheuer allegedly lacerated the plaintiff's abdominal aorta. The laceration was 4 mm at the crouch of the aorta. A laparotomy was performed and the laceration was repaired by another doctor. As a consequence of this complication, the implant was not installed. The plaintiff husband's cancer has been successfully treated medically since then. The plaintiff, husband and wife, brought this action against the defendant doctor based on negligence, medical malpractice and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made an initial C.C.P. º998 settlement demand for $240,000. The plaintiff made a second C.C.P. º998 offer of compromise for $175,000.

Damages

The plaintiffs asked the jury for an award between $156,250 and $234,375.

Injuries

The plaintiff husband alleged he sustained a laceration of his abdominal aorta.

Other Information

The verdict was reached approximately ______ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19______ before _____________ (name) of _______________ (affiliation or court) resulting in ____________ .

Deliberation

3+ to 6 hours

Poll

9-3 (negligence), 12-0 (informed consent)

Length

6 days


#79340

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