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Personal Injury
Medical Malpractice
Negligence

Daniel Wingerd, Jennie Wingerd v. Hans Albin Gritsch, Regents of the University of California

Published: Jan. 22, 2003 | Result Date: Jul. 9, 2002 | Filing Date: Jan. 1, 1900 |

Case number: SC064477 Verdict –  $2,500,000

Judge

Richard P. Neidorf

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Jeffrey S. Raynes
(Raynes Erickson)


Defendant

Steven D. Davis
(Steven D. Davis Law Group APC)


Experts

Plaintiff

Richard L. Treiman M.D.
(medical)

Defendant

David V. Cossman
(medical)

Facts

The plaintiff, a 56 year-old investment counselor, suffering from a kidney disease was on dialysis when his sister agreed to donate a kidney for transplant. He was evaluated by the UCLA transplant team and based upon the results of an angiogram (a magnetic resonance angiogram), it was recommended that the transplant take place on the plaintiff's left side. The defendant surgeon, Hans Gritsch concurred. However, the defendant surgeon performed the surgery on the plaintiff's right side. He encountered complications at the site and ordered extubation of the plaintiff and an intra-operative angiogram procedure. After the angiogram, the staff was unable to reintubate the plaintiff in order to complete the transplant. When the plaintiff was finally reintubated, the donor's kidney was no longer viable and the transplant surgery was cancelled.

Settlement Discussions

The defendants offered $200,000 prior to final arguments. There was no demand.

Specials in Evidence

$400,000 $1,100,000

Injuries

The plaintiffs claimed a failed kidney transplant and continued dialysis. The plaintiff wife claimed loss of consortium of $50,000.

Result

The judgment was entered per MICRA as follows: Daniel Wingerd: past and future loss of earnings $1.5 million; general damages $1 million (reduced to $250,000 per MICRA). Jennie Wingerd: loss of consortium $50,000.

Other Information

Motion for new trial by defendants was denied on Dec. 11, 2002. Notice of appeal has been filed.

Deliberation

one day

Length

10 days


#81072

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