Confidential
Settlement – $368,499Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stuart Baumgard
(medical)
Virginia Varca
(medical)
Robin T. Harrison
(technical)
Defendant
James T. London M.D.
(medical)
Facts
On April 4, 1995, plaintiff, a 64-year-old retiree, was involved in a head-on collision on a road that rises to a point that obstructs the vision of drivers proceeding north or south. Defendant driver No. 1, was driving southbound, stopped on the south side of the hump where there is double yellow line. Defendant driver No. 2, was driving southbound stopped behind defendant driver 1. Defendant driver No. 3, was driving southbound when he came over the hill at a high rate of speed. Defendant driver No. 2, who was unable to see around driver No. 1, attempted to avoid the collision by cutting inside of driver No. 1's lane (into the northbound lane of travel). Defendant driver No. 2 was struck from behind by defendant driver No. 3 propelling defendant driver No. 2 into the plaintiff's 1983 Honda Civic, which was traveling northbound. The plaintiff was taken to Western Medical Center, where he was stabilized by a team of trauma experts. At the time the x-rays were taken of the plaintiff's left hip, it showed a slight fracture of the left ischium (a hip fracture). At the direction of the plaintiff's HMO, the plaintiff was transferred to a hospital. The x-rays, and the bulk of the medical records, did not come with the plaintiff. Despite the absence of x-rays, the defendant assigned orthopedic surgeon at the hospital prescribed physical therapy. After three days of physical therapy, the plaintiff was scheduled for discharge. X-rays were finally taken on April 9, 1995 and showed a full blown out fracture of the acetabulum, with 100 percent subluxation of the femur. At that point an ORIF procedure was required to fix the plaintiff's condition. The surgery was successful, but the sciatic nerve was compromised, resulting in peroneal nerve palsy. The plaintiff brought this action against the drivers, the city and the health care providers based on negligence, negligent entrustment, dangerous defect of public property, and health care provider negligence theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Injuries
The plaintiff alleged that he suffered a fracture to the periorbital area of his face, severe facial laceration, a slight fracture to the ischium and severe ecchymosis to his hip, arms and face. Surgery was performed to reattach the plaintiff's nose. The plaintiff subsequently underwent open reduction, internal fixation of the left hip, and eventually a complete left hip arthroplasty (joint replacement). The plaintiff had a plate implanted in his periorbital area and surgery to repair the area.
Other Information
The plaintiff waived economic losses and proceeded in the medical maplractice portion of the case solely on non-economic damages. The jury accepted that, if the defendant doctor had seen the prior orthopedist's recommendations, and prescribed a lesser level of therapy, then his conduct did not fall below the standard of care, even though it did cause the exacerbation of the original injury.
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