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CONFIDENTIAL

Mar. 20, 1999

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $25,000

Judge

James H. Piatt

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Martin L. Abrams


Defendant

Burdick M. Ray
(Ray & Gourde LLP)


Experts

Plaintiff

Dave Powers
(medical)

Defendant

Mark E. Krugman
(medical)

Mary Baily
(medical)

Facts

In 1995, the plaintiff a 52-year-old homemaker, became weak in both legs walked with 4 wheel-walker, had a surgery on Oct. 22, 1996 to repair a myelomeningocele, to untether the spinal cord. The surgeon prescribed physical therapy "heat, massage, ultrasound, graduated exercised, and others." On Jan. 10, 1997, the defendant physical therapist had plaintiff lie on top of hot packs with clothing on for 15 minutes. The plaintiff did not realize she was receiving a burn on sacral area. Five hours after treatment, blisters appeared, 30 hours after treatment, plaintiff reported to emergency where the burn was diagnosed as first to second degree burn and diagnosed as third degree burn 19 days after the treatment. Debridement and skin graft surgery was performed. The plaintiff has significant permanent scarring. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a final C.C.P. º998 settlement demand for $40,000. The defendant made a C.C.P. º998 offer of compromsie for $15,000.

Damages

$100,000 (general); $15,000 - $20,000 (special)

Injuries

The plaintiff claimed she burned her sacral area. She had debridement surgery and split thickness skin graft surgery, permanent scar from burn and graft surgery.

Other Information

The settlement was reached approximately one year and three months after the case was filed. A settlement conference was held on Sept. 29, 1998, before James Piatt, of IVAMS, resulting in settlement.


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