This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

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

Bob T. Hight

Court

L.A. Superior Torrance


Attorneys

Plaintiff

John F. Maloney


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


#80042

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390