John Doe v. Medical & Corporate Staffing Solutions Inc. (MCSS)
Published: Nov. 1, 1997 | Result Date: Sep. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC031620 – $120,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Glenn T. Litwak
(Law Offices of Glenn T. Litwak)
Glenn T. Litwak
(Law Offices of Glenn T. Litwak)
Defendant
Burdick M. Ray
(Ray & Gourde LLP)
Burdick M. Ray
(Ray & Gourde LLP)
Experts
Plaintiff
Lawrence J. Richman J.D.
(medical)
Renee Brandon
(medical)
Lawrence J. Richman J.D.
(medical)
Renee Brandon
(medical)
Defendant
Martin D. Levine
(medical)
Martin D. Levine
(medical)
Scott Haldeman
(medical)
Scott Haldeman
(medical)
Facts
On April 17, 1994, claimant, a 36-year-old certified public accountant, had blood drawn at a Health Fair Expo (for a blood screening test) in the Sherman Oaks Galleria. The respondent's phlebotomist inserted a needle in claimant's left arm. Claimant contended that the venipuncture caused a median nerve injury which caused "double-crush syndrome," a medical condition where one injury causes symptoms at a remote location. In this case, the needle injury was at the the brachial crease (inside of the elbow) and it caused symptoms at the wrist, which eventually led to the necessity of a carpal tunnel surgery on claimant's left wrist on April 30, 1996. The respondent contended there was no median nerve injury, only soft tissue injury which resolved within a few weeks. Respondent further contended there was no proof the needle actually touched the median nerve. Respondent also contended claimant's carpal tunnel syndrome was pre-existing. The claimant brought this action against the respondents based on a medical malpractice theory of recovery.
Settlement Discussions
The claimant made a C.C.P. º998 settlement demand for $44,999.99. The respondent made a C.C.P. º998 offer of compromise for $10,000.
Specials in Evidence
$15,589.23 $10,000 (possible future surgery)
Injuries
The claimant suffered Median nerve injury in the left arm, carpel tunnel syndrome in the left wrist.
Result
EXPERT TESTIMONY: The claimant's expert testified claimant may have had a predisposition for carpal tunnel syndrome, but he was totally asymptomatic prior to the needle injury.
Other Information
The award was reached approximately two years and five months after the case was filed. ARBITRATION: An arbitration was held on Aug. 29, 1997, before Judge Arthur Baldonado (Ret.) of ADR resulting in the reported award. After the arbitration award was served, the parties stipulated to costs of $10,000.
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