Larry Hankins v. The United States
Published: May 23, 1998 | Result Date: Apr. 14, 1998 | Filing Date: Jan. 1, 1900 |Case number: CVF966037DLB Bench Verdict – $290,000
Judge
Court
USDC Eastern
Attorneys
Plaintiff
Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)
Defendant
Experts
Plaintiff
Stuart Baumgard
(medical)
Defendant
W. Kenneth Jenning
(medical)
Facts
On July 2, 1994, plaintiff Larry Hankins, a 48-year-old laborer/mechanic, suffered a comminuted displaced fracture of the tibial plateau of his left knee in a motorcycle accident. On July 6, 1994, he presented to defendant Porterville Family Health Center Inc. operated by defendant United States. The plaintiff was seen by a physician's assistant who failed to diagnose the injury. The plaintiff was seen on two other occasions on July 12, 1994, and Aug. 2, 1994, at which time the injury was again not diagnosed. On the last visit, the physician's assistant referred the plaintiff to an orthopedist who took X-rays and diagnosed the fracture. At this time, it was too late to do a surgical intervention. The plaintiff's knee healed in a misaligned position which causes him pain and limitation of motion. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $250,000. Per plaintiff, the defendants made an offer of compromise for $50,000.
Specials in Evidence
$40,000 - $70,000
Injuries
The plaintiff contended that he will need to have a total knee replacement within the next 5-10 years.
Other Information
The verdict was reached approximately two years and 11 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Feb. 26, 1998, before Magistrate Judge Hollis G. Best, resulting in no settlement. POST TRIAL MOTIONS: The defendant's post-trial motion for periodic payments was denied as untimely and not applicable under federal law. The plaintiff was awarded costs.
Length
one day
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