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
Lack of Informed Consent

Patricia Norton-Collins v. Regents of the University of California

Published: Nov. 17, 2007 | Result Date: Oct. 26, 2006 | Filing Date: Jan. 1, 1900 |

Case number: 03AS05849 Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

William F. Wright


Defendant

Robert H. Zimmerman
(Schuering, Zimmerman & Doyle LLP)


Experts

Plaintiff

Albert R. Gutowsky
(technical)

David Ashkenaze
(medical)

Facts

Plaintiff Patricia Norton-Collins became disabled after she was involved in a pedestrian-truck accident in 1987. She suffered an amputation of her right leg above the knee, a degloving of her right arm, a broken left leg, and other injuries.

Plaintiff later consulted with defendant Regents of the University of California regarding a right-leg prosthesis. She was fitted with a prosthesis and was thereafter capable of walking short distances. However, she eventually started experiencing back pain. An employee of defendant, Dr. Daniel Benson, recommended she undergo back surgery.

According to plaintiff, she agreed to the surgery only if defendant Benson could guarantee that it would not affect her use of her left leg. Defendant allegedly promised that the surgery would not affect her left leg. He then negligently performed the surgery, resulting in plaintiff's loss of the function of her left leg. Further, her back pain was not alleviated, and she required additional surgeries. Her husband, plaintiff Jimmy Collins, claimed loss of consortium.

Defendants denied the claims.

Injuries

Plaintiff claimed loss of use of her left leg, back pain, and required additional surgeries. Her economic damages amounted to $1,750,000; her general damages totaled $250,000. Her husband made an unspecified claim for loss of consortium.

Result

Judgment was for defendants.

Poll

12-0


#81790

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

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