Confidential
Settlement – $1,024,610Judge
Court
San Diego Superior
Attorneys
Plaintiff
Robert F. Vaage
(Law Offices of Robert F. Vaage)
Defendant
Experts
Plaintiff
Robert H. Wallace
(technical)
Brian A. Palafox
(medical)
Robert R. McFarlane
(technical)
Defendant
Laura Fuchs Dolan
(technical)
Douglas R. Zusman
(medical)
Dominick Addario
(medical)
Mark S. Wallace
(medical)
Facts
On August 31, 2000, the plaintiff, a male aged 32, underwent surgery for the removal of his eighth right rib as well as the removal of portions of his seventh and ninth rib in order to remove a cancerous tumor. The defendant performed the surgery. During the surgery, the seventh rib was removed in its entirety, along with portions of the eighth and sixth rib. The tumor was not completely removed but was bisected during the surgery. On September 7, 2000 the plaintiff underwent a second surgery for the correct rib.
Settlement Discussions
The plaintiff submitted a demand of $297,500; the defendant offered $150,000.
Specials in Evidence
$4,000 $6,614 $577,000
Damages
The plaintiff's spouse filed a claim for loss of consortium.
Injuries
The plaintiff claimed that he had continual pain in his right arm with cramps that extended from the shoulder to the flank. He complained also that his lung capacity is much rediced. He alleged residuals such as insomnia, anxiety, depression, lack of confidence and mood swings which have been attributed to post-traumatic stress syndrome. He also complained of chronic neuropathic pain in his right chest, shoulder and back that required medication. He also claimed that after the second surgery, he was unable to return to work part-time until March 2001, and not to full-time work until July/August and then with restricted duties.
Other Information
The jury returned an award of $1,024,614 which was reduced to $431,614 per MICRA. The plaintiffs agreed to settle the matter for $460,000 in exchange for a satisfaction of judgment.
Deliberation
two days
Length
seven days
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