Phillip Balestreri v. Neighborhood Healthcare
Published: Jun. 29, 2004 | Result Date: May 6, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC807852 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Gideon E. Sinasohn
(Federal Trade Commission)
Defendant
Experts
Plaintiff
Steven Schnitzer
(medical)
Mary Ann Simanello
(medical)
Elliot D. Felman
(medical)
Defendant
John A. Aalbers
(medical)
Andrew Israel
(medical)
Howard Tung M.D.
(medical)
Debra Bird
(medical)
Facts
The plaintiff was a 45-year-old male with a history of binge alcohol drinking over many years when he first began treating at Neighborhood Healthcare. The plaintiff first complained of lower back pain after lifting a heavy object on Dec. 8, 1999. His lower back pain complaints continued. He was referred for physical therapy, but never went for more than an evaluation due to transportation problems. At various times, the plaintiff complained of chest pain and upper back pain, however, these complaints coincided with periods of time when he had the flu and a cough, and later bronchitis and a cough. On Nov. 29, 2000, the plaintiff was evaluated by a physical therapist who documented lower extremity and trunk weakness, as well as a positive straight-leg raising test. On May 23 and June 8, 2001, the plaintiff called Neighborhood Healthcare complaining that his leg gave out and he requested a CT scan. The plaintiff was instructed to make an appointment to be evaluated by his physician. On June 20, 2001, the plaintiff reported numbness in his toes and pain shooting down his legs. He also complained of falling 20 times that week. Dr. Chen's differential diagnosis was alcoholic peripheral polyneuropathy versus lumbar radiculopathy. Dr. Chen referred the plaintiff to a physical medicine and rehabilitation specialist for nerve conduction studies. On July 25, 2001, physical medicine and rehabilitation specialist, Dr. Bradley Chesler, evaluated the plaintiff and performed EMG and nerve conduction studies which failed to demonstrate any evidence of lumbar radiculopathy, but did confirm peripheral polyneuropathy. The plaintiff was seen again by Dr. Chen on Oct. 15, 2001, however, this visit was focused on follow-up for the plaintiff's fractures toes for which he had been treated in the Emergency Room in August 2001. The plaintiff's next and final visit with Dr. Chen took place on Jan. 16, 2002, when the plaintiff presented with a very slow and difficult gait using a cane. Dr. Chen referred the plaintiff to a neurologist. On March 7, 2002, the neurologist found evidence of spasticity and lower extremity weakness and referred the plaintiff for a STAT MRI in March 28. The MRI showed evidence of a tumor at T3. The plaintiff then underwent spinal surgery on March 30 for decompression and removal of what turned out to be a hemangioma (benign tumor) located at T3.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $229,999. The defendant offered a C.C.P. Section 998 zero dollars and a waiver of costs.
Injuries
The plaintiff is confined to a wheelchair, having lost nearly full use of his lower extremities. The plaintiff is no longer able to work or to take care of most of his activities of daily living.
Deliberation
2.5 hours
Poll
12-0
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390