Confidential
Settlement – $25,000Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
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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