Maria Ponce v. Paul F. Frye, M.D.
Published: Apr. 25, 2009 | Result Date: Feb. 10, 2009 | Filing Date: Jan. 1, 1900 |Case number: 05CECG02892 Verdict – Defense
Court
Fresno Superior
Attorneys
Plaintiff
James J. Mele
(Mele Law Office)
Defendant
Experts
Plaintiff
Thomas R. Callahan
(medical)
Leo J. Murphy
(medical)
Defendant
Kurt V. Miller M.D.
(medical)
Bruce P. Wolfe
(medical)
Facts
In 2004, Paul Frye performed laparoscopic gastric bypass surgery on Maria Ponce. The day after the surgery, Frye found a leak on the gastric remnant and repaired it. A few days later, Frye found another leak and repaired it as well. Subsequently, Ponce sued Frye for medical malpractice.
Contentions
PLAINTIFF'S CONTENTIONS:
Ponce claimed that Frye's failure to find the leak during her re-operation amounted to medical malpractice.
Settlement Discussions
The plaintiff demanded $250,000 and the defense offered $29,999.
Damages
Ponce requested $653,675.
Injuries
Ponce claimed that she suffered anxiety, depression, fatigue, insomnia, and post-traumatic stress disorder.
Result
The jury found in favor of the defense.
Deliberation
two hours
Poll
11-1
Length
10 days
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