Jerome Heard, Lucille Heard v. Kenneth Ott, David Buckley, et al.
Published: Jun. 7, 2001 | Result Date: May 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC749082 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
Daniel Meub
(medical)
J. Pablo Villablanca
(medical)
Defendant
Randall W. Smith
(medical)
Facts
Dr. Kenneth Ott had previously performed a cervical fusion on plaintiff Jerome Heard in 1995 and two separate
low back procedures in 1998. The retired pathologist plaintiff was well known to Dr. Ott, and MRIs of the
head and brain had been performed in 1996 and again in 1997, as well as in 1994 by a separate treater. The
1996 and 1997 films were interpreted as showing moderate brain atrophy.
The plaintiff returned to Dr. Ott on June 1, 1999 complaining of gait instability and dizziness. Dr. Ott claimed
these were new complaints with increasing frequency. The plaintiff claimed the symptoms were the same as
prior five years.
On June 3, 1999, an MRI of the brain was performed which was interpreted by the radiologist as
demonstrating subdural hygromas.
On June 8, Dr. Ott met the plaintiff and recommended drilling bilateral burr holes and placing drains to drain
off the excess fluid which was in the subdural space.
On June 14, the plaintiff received a physical examination from his long term treating internist and described
the anticipated procedure to him, further indicating that he wanted Dr. Ott to biopsy tissue for pathology
studies.
On June 22, the burr holes were drilled and only clear fluid was found. Dr. Ott elected to place the drains to see
if the excess fluid could be drained and offer the plaintiff some relief. In recovery, and later that day, the
plaintiff had seizures and the drains were removed later that night by Dr. Ott. The plaintiff remained in the
hospital for three weeks, and in a rehabilitation facility for another week before going home.
Settlement Discussions
The plaintiff demanded $150,000 from Dr. Ott, which was declined. Defendant Radiology Medical Group Inc. settled out prior to trial for confidential amount.
Specials in Evidence
$100,000 (all paid by collateral sources)
Result
Defendant David Buckley was dismissed prior to trial.
Other Information
The plaintiffÆs counsel advises that a motion for new trial based primarily upon jury misconduct will be filed.
Deliberation
1.5 days
Poll
9-3
Length
six days
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