David Stearns v. Ken McCaffrey, M.D.; Scripps Hospital East County
Published: Nov. 15, 1997 | Result Date: May 29, 1997 | Filing Date: Jan. 1, 1900 |Case number: EC12002 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
C. Keith Greer
(Greer & Associates)
C. Keith Greer
(Greer & Associates)
Defendant
Experts
Plaintiff
Val Warhaft
(medical)
Charlotte Bunts
(medical)
Val Warhaft
(medical)
Charlotte Bunts
(medical)
Defendant
Frank Mannix
(medical)
Pynne Looper
(medical)
Leo J. Murphy
(medical)
Pynne Looper
(medical)
Frank Mannix
(medical)
Leo J. Murphy
(medical)
Joseph F. Viglotti
(medical)
Joseph F. Viglotti
(medical)
Facts
On Aug. 31, 1994, plaintiff David Stearns, a 26-year-old salesman, presented to the emergency room of defendant Scripps Hospital East County with abdominal pain and vomiting. After examination by defendant Ken McCaffrey, M.D., the plaintiff was diagnosed with possible gastroenteritis and was told to consult with his own physician within two days. The instructions to plaintiff were given orally and in writing. The plaintiff did not seek follow-up care and, six days later, he returned to the emergency room with a perforated appendix. The plaintiff brought this action against defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $74,333 as to defendant doctor and $59,990 as to defendant hospital. The defendants made no offers.
Specials in Evidence
$48,000
Injuries
The plaintiff suffered a gangrenous, perforated appendix, small colon resection and small bowel resection.
Other Information
The verdict was reached approximately one year and seven months after the case was filed.
Deliberation
40 minutes
Poll
12-0
Length
6+ days
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