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
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390