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Personal Injury
Medical Malpractice
Negligent Treatment

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

Mario L. Beltramo Jr.


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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