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Personal Injury (Non-Vehicular)
Medical Malpractice
Battery

Charlotte Biss v. Robert J. Bohr, M.D.

Published: May 3, 1997 | Result Date: Apr. 8, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 627745 –  $0

Judge

Floyd Schenk

Court

Orange Superior


Attorneys

Plaintiff

Thomas W. Gillen


Defendant

John C. Kelly
(Carroll, Kelly, Trotter & Franzen)


Experts

Plaintiff

Michael P. Stone
(Stone Busailah LLP) (medical)

Defendant

Lawrence Barnett
(medical)

Facts

In November 1988, plaintiff Charlotte Biss, a 52-year-old homemaker, was referred to defendant Dr. Robert Bohr, an orthopedic surgeon, for pain and discomfort in the left shoulder. She was intially evaluated on Nov. 28, 1988. Dr. Bohr started her on a regimen of physical therapy and pain medication. In March 1989, she underwent an arthroscopic acromoplasty to relieve symptoms of calcific tendinitis. The plaintiff continued to treat with Dr. Bohr and continued to receive relatively large doses of Vicodin and Damasone-P. Subsequently, the plaintiff had three in-patient hospitalizations at psychiatric facilities, allegedly for detoxification. The plaintiff brought this action against the defendant based on medical malpractice and battery theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made no settlement offers (no consent).

Damages

The plaintiff asked the jury for an award of $350,000.

Injuries

The plaintiff alleged she suffered drug addiction requiring in-patient hospital care. The plaintiff also claimed she suffered the loss of her marriage and real estate holdings valued at approximately $60,000.

Other Information

The verdict was reached approximately four years and three months after the case was filed.

Deliberation

1 hour

Poll

12-0

Length

6 days


#79437

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