Mark Warsky v. C.R. Bard; Trimedyne, Inc., et al.
Published: May 30, 1998 | Result Date: Apr. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC117773 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
R. Duane Westrup
(Westrup & Associates)
Defendant
Experts
Plaintiff
David W. Rhodes
(medical)
Defendant
John Kabalin
(medical)
Leon Bender
(medical)
Facts
Plaintiff Mark Warsky suffered from prostate enlargement as well as urinary restrictions. On Dec. 16, 1994, he underwent laser surgery on the prostate performed by the defendant settled doctor. The surgery resulted in permanent injury to the plaintiff. The plaintiff brought this action against the doctor, manufacturer and distributor based on product liability, failure to warn and medical negligence theories of recovery. The doctor settled during trial, and the jury was informed of the fact of settlement but not the amount.
Settlement Discussions
Per defendnat, the plaintiff made a settlement demand for $1.5 million, and the defendants made an offer of $6,000.
Injuries
The plaintiff suffers retrograde ejaculation and an inability to father children.
Other Information
The verdict was reached approximately _____ years and ______ months after the case was filed. A settlement conference/ arbitration /mediation was held on ____/____/19_____ before ____________ (name) of _____________ (affiliation) resulting in ___________ . Any interesting expert testimony? Any post-trial motions?
Deliberation
two days
Poll
10-2
Length
12 days
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