John Malko v. Tom S. Tooma, M.D., St. Bernardine Medical Center, Inland Eye Institute
Published: Oct. 18, 1997 | Result Date: Oct. 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: SCV21814 – $1,009,840
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Experts
Plaintiff
Ronald B. Harper
(medical)
Daniel D. Whitcraft III
(medical)
Gideon Lowe
(medical)
Defendant
Roy Glendrange
(medical)
David S. Boyer
(medical)
Facts
On Feb. 18, 1994, the plaintiff, a 17-year-old student, perforated his right eye with the end of coaxial T.V. wire. He was seen at defendant, St. Bernardine Medical Center, on Feb. 20, 1994. The emergency room slit lamp was not working and the perforation was not seen by the emergency room doctor. There was no treatment given for potential internal eye infection. The plaintiff saw defendant, Tom S. Tooma, M.D., at the Inland Eye Institute on Feb. 22, 1994. The eye was worse. The plaintiff alleged that Dr. Tooma failed to perform, or negligently performed, a slit lamp exam and indirect ophtalmoscope exam. The perforation was again missed and the patient was told to return in three days. Two days later plaintiff's vision was gone. The plaintiff's eye was destroyed by bacterial infection that was never treated. The plaintiff underwent multiple surgeries to attempt to save his eye but they were all unsuccessful. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000 of defendant Dr. Tooma; $50,000 of defendant medical center. The defendants made no offer.
Specials in Evidence
$10,717 (medical lien) $300,000 None
Injuries
Loss of right eye.
Other Information
The verdict was reached approximately two years and three months after the case was filed. A settlement conference/mediation was held on July 12, 1996 before Hon. Christopher Warner of Dept. 5 of the Superior Court. It did not resolve the matter. Motions on costs and interest are pending. The defendant emergency room doctor settled prior to trial for $29,999.00
Deliberation
one day
Poll
12-0
Length
six days
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