Sarah Grunwald v. Gary T. Boone
Published: Dec. 17, 2002 | Result Date: Oct. 17, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC767734 Verdict – $41,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert A. Gross
(medical)
Frederic S. Fox
(Kaplan, Fox & Kilsheimer LLP)
(medical)
Defendant
Robert Epsten
(medical)
Ned Chambers
(medical)
Facts
The plaintiff sought treatment with the defendant, a family physician off and on, since February, 1990. She first
complained of abdominal pains on March 27, 2000. She described a two-month history of illness with
epigastric bubbles in the left upper and peri-abdominal area. She also complained of diarrhea, green to brown
up to twice every day. The plaintiff also reported the onset of the illness consistent with a trip to Mexico. The
defendant diagnosed her with non-specific abdominal pain, prescribed Cipro and instructed her to return on
March 31, 2000.
The plaintiff returned on March 31 and reported that the pain and diarrhea were less.
The defendantÆs impression was abdominal pain and vomiting secondary to possible dysentery,
as well as anemia. The plaintiff was instructed to return on April 7, but failed to return until April
17, complaining of a two-day history of different generalized pain in the mid to lower abdomen
with nausea, vomiting, diarrhea and cramping. The plaintiff was again assessed with non-specific
abdominal pain and instructed to return on April 21, 2000. The plaintiff did not return to Dr.
Boone again. She presented to Sharp Memorial Hospital Emergency Room on July 9, 2000 with
a perforated colon. Ultimately, she was diagnosed with CrohnÆs disease. She was hospitalized for
12 days over the course of two hospitalizations.
Settlement Discussions
None
Specials in Evidence
$46,206 None claimed None claimed No specific amount claimed
Injuries
The plaintiff alleged that as a result of the negligent care she sustained a perforated colon, requiring two hospitalizations, a nine inch surgical scar down her abdomen and ongoing medical care and treatment.
Deliberation
one day
Poll
10-2 (negligence), 9-3 (causation)
Length
seven days
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