This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Medical Malpractice
Negligent Procedure

Jennifer Hua v. Trung Tran

Published: Mar. 11, 2006 | Result Date: Jan. 10, 2006 | Filing Date: Jan. 1, 1900 |

Case number: GIC840312 Verdict –  $211,342

Judge

Kevin A. Enright

Court

San Diego Superior


Attorneys

Plaintiff

Stefan M. Cohn


Defendant

Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)


Experts

Plaintiff

Ronald S. Fishbach
(medical)

Marilyn Mehlmauer
(medical)

Defendant

Ned Chambers
(medical)

Facts

The plaintiff is Jennifer Hua. She is a manicurist. The plaintiff had a wart removed from her right index finger. The removal was performed by defendant Trung Tran, M.D. The defendant removed the wart with electrodessication.

Settlement Discussions

The CCP Section 998 demand was for $90,000. The offer was a CCP Section 998 waiver of costs.

Specials in Evidence

There was $2,646 in medical damages. There was $10,341 in lost earnings.

Damages

The plaintiff requested $12,987 in economic damages, $80,000 for past non-economic damages and $170,000 for future non-economic damages.

Injuries

The claimed injuries was loss of tendon and part of the joint capsule in the right index finger. This was next to the distal interphalangeal joint which caused an angulation deformity. The plaintiff needed to have a DIP arthrodesis operation to correct the angulation deformity.

Result

The judgment was for $211,342. $11,342 was for past economic damages, $80,000 was for past non-economic damages and $120,000 was for future non-economic damages.

Deliberation

1.5 days

Length

five days


#81583

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390