Ronald Nottingham and Marilyn Nottingham v. Foothill Presbyterian Hospital; Mary Schwach; John Velasquez; Allison Cristian; Mark Anapoell, M.D.
Published: May 9, 1998 | Result Date: Jan. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: KC024615 Verdict – $150,000
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Robert C. Reback
(Reback, McAndrews & Blessey LLP)
John R. MacRill Jr.
(Davis, Grass, Goldstein & Finlay)
Experts
Defendant
Scott R. Karlan
(medical)
Carl Herman Schultz
(medical)
Edwin A. Suddleson
(medical)
Facts
On March 25, 1993, plaintiff Ronald Nottingham, a 59-year-old man, underwent elective hernia surgery at defendant Foothill Presbyterian Hospital performed by defendant Dr. Mark Anapoell, a surgeon, with the assistance of the remaining defendants Mary Schwach, a registered nurse, John Velasquez, O.R.T., and Allison Cristian, a registered nurse. During the surgery, the circulating nurse took her lunch break and was replaced by a second circulating nurse. The plaintiff was released from the hospital the same day. He began to notice a bulge in the lower right scrotum area and returned to the defendant doctor for evaluation on a few occasions. The defendant doctor aspirated the swollen area twice, and advised the plaintiff it was due to residual scar tissue. For the next three years, the lump continued to grow until it was the size of a small lemon. The plaintiff's urologist and family doctor told him he should have the lump removed if it bothered him. During this time period, the plaintiff's pelvic area was X-rayed for unrelated matters, but the X-rays failed to disclose the fact that a Ray-Tec X-ray detectable surgical sponge was present. The lump was removed on April 5, 1996, by the defendant surgeon, who sent the specimen to the pathology department. After analysis, the defendant doctor informed the plaintiff and his wife that he had removed a surgical sponge that had been left during the first surgery. The plaintiffs, husband and wife, brought this action against the defendants based on medical malpractice, negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $84,999 (plaintiff Ronald Nottingham) and $2,499.99 (plaintiff Marilyn Nottingham). Per the plaintiff, the defendants made a $2,000 settlement offer.
Specials in Evidence
$___________ $___________ $___________ $___________
Injuries
The plaintiff testified he suffered a fear of cancer as a result of the incident.
Other Information
The verdict was reached approximately one year after the case was filed. During final argument, plaintiff's attorney asked the jury to render a defense verdict for Dr. Anapoell, but to find all other defendants liable.
Deliberation
½ day
Length
10 days
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