Jeffrey Kriseman, Cara Kriseman v. Samuel Winner, Charles Hewel, La Jolla Radiology, Scripps Radiology & Nuclear Medicine, et al.
Published: Jun. 22, 2004 | Result Date: Mar. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIN024768 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Clark R. Hudson
(Neil Dymott Hudson, APLC)
Experts
Plaintiff
Harvey A. Kalan
(medical)
Darwood B. Hance
(medical)
Defendant
James S. Grisolia
(medical)
Mack Barclay
(technical)
Andrew L. Deutsch
(DLA Piper LLP)
(medical)
David L. Braff
(medical)
Sunil Bhoyrul
(medical)
Facts
The subject case relates to a claim for medical malpractice filed by the plaintiffs, Jeffrey and Cara Kriseman, aged 33 and 30 respectively. The plaintiffs alleged that on July 12, 2001, Dr. Winner breached the standard of care by failing to use screws or staples to fixate mesh placed during a laparoscopic hernia repair. The plaintiff maintained the lack of fixation allowed the mesh to migrate and ball up entrapping nerves in the area of the repair. The plaintiffs claimed that Dr. Hewell was negligent by failing to identify the balled up mesh on a postoperative CT. The defendants argued that the plaintiff suffered a commonly recognized complication following hernia repair surgery. The standard of care does not require fixation to be used to secure the mesh. Finally, the mesh cannot be seen on a CT.
Settlement Discussions
The plaintiffs demanded $1 million to settle the case. The plaintiff asked the jury to award $500,000 in general damages and between $1.2 million to $3.5 million in special damages.
Specials in Evidence
$80,000 $22,379 $1.2 to $3.5 million $200,000
Injuries
Nerve injury in the groin.
Deliberation
half day
Poll
12-0 (medical malpractice), 12-0 (lack informed consent)
Length
17 days
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