Elvira Rizzo, Fillipo Rizzo v. J. Sunderson
Published: Sep. 23, 2000 | Result Date: Jun. 21, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC018135 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Rodney G. Tomlinson
(Schmid & Voiles)
Experts
Plaintiff
Miguel Frigerio
(medical)
Lawrence Paletz
(medical)
Norman Zinner
(medical)
Defendant
Donald Ostergard
(medical)
Fernanda Lai Schmid
(medical)
Facts
Plaintiff Elvira Rizzo, 47 years old then, first presented to Bay Shores Medical Group on Feb. 3, 1992, with a
one-year history of urinary incontinence. She was diagnosed with urinary incontinence with marked
cystourethrocele. Conservative treatment, consisting of exercises and medication, was unsuccessful and surgery
was recommended.
The plaintiff first saw the defendant on June 11. On July 30, the defendant performed an anterior/posterior
repair of plaintiffÆs bladder. Immediately after the surgery, the plaintiff appeared to be continent. In a follow-up
visit, the plaintiff appeared to have a wound infection. No culture was obtained, but antibiotics were
prescribed. (The chart entry from this visit was misplaced). The plaintiff returned approximately 10 days later,
and the infection appeared to be improving. Shortly thereafter, the plaintiff left the country for approximately
six months.
When the plaintiff returned in February 1993, she had a fistula along the left side of her bladder where the
previous infection had been noted. The subsequent treating physician performed three procedures on the
infected area.
On Feb. 16, 1994, the urologist noted that the wound was now closed. The plaintiff also underwent three
subsequent unsuccessful surgical procedures to relieve problems associated with the leaking bladder.
Settlement Discussions
The plaintiffs demanded $250,000, lowered to $150,000. The defendant offered $50,000.
Specials in Evidence
$17,500
Damages
The plaintiff's husband is pursuing a claim for loss of consortium.
Injuries
The plaintiff claimed that as a result of the surgery performed on July 30, 1992, and the resulting infection, she underwent three surgical procedures for debridement in an effort to close the infection wound. Additionally, her bladder continues to leak, despite three subsequent bladder surgeries. Additional surgery will be performed.
Other Information
The appellate court upheld the verdict on June 21, 2000. The time has expired for the plaintiffs to further pursue this case.
Deliberation
four hours
Poll
10-2
Length
15 days
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