Brian Grimmer v. John Logan, M.D.
Published: Nov. 12, 1994 | Result Date: Nov. 2, 1994 | Filing Date: Jan. 1, 1900 |Case number: 126683 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David Wilks
(medical)
Jerald H. Udinsky
(technical)
Defendant
Isidor Schlossberg
(medical)
Facts
Plaintiff Brian Grimmer was a 17-year-old student. In April of 1992, he traveled from his home in Indiana to take go-cart high-speed racing lessons at the Jim Hall School of Racing in Ventura. He was injured in a racing accident at the school. He was transported to St. Johns Regional Medical Center in Oxnard, where he was diagnosed with blunt trauma to the kidney. Defendant Dr. John Logan was called in to treat. Plaintiff's family was called by Dr. Logan and advised of the need for possible surgery. They requested that no surgery be undertaken until their arrival in Ventura the next day. Plaintiff's father was the only family member who came to California. For 4 days, he withheld his consent for surgery and instructed the doctor to take a conservative approach. The Defendant doctor agreed that the this was possible, but indicated that surgery would, in his opinion, be necessary. On the fourth day, Plaintiff displayed declining vital signs and other symptoms such as pain and lowered hemoglobin; Plaintiff's father then agreed to surgery. Dr. Logan advised Plaintiff's father that a radical right nephrectomy was likely. The operative approach was through the abdomen. The field was complicated by urinoma and hematoma, making exposure of the kidney through the Gerota's fascia, surrounding the kidney, difficult. The renal artery and vein were located (through the Gerota's fascia), looped, and the pelvis of the kidney inspected. It was determined to be irreparable; and thus the kidney was mobilized and thought to be removed. No further identification of the kidney, except visually and manually, was undertaken. A remnant that was lacerated off and which had migrated up to the area of the liver and the vena cava, was left behind. It had an aberrant blood supply and kept producing urine which "free-flowed" into Plaintiff's retroperitoneum. This necessitated a second surgery through the flank to remove this remnant of the kidney approximately 2 months after the original surgery. This surgery was done in Indiana by Dr. David Wilks.
Settlement Discussions
Defendant contends they offered nothing and Plaintiff demanded $250,000.
Specials in Evidence
not disclosed not disclosed
Damages
Plaintiff asked the jury to award $350,000.
Injuries
Disfiguration in the form of 2 large prominent scars and the need to be excessively cautious for the next 53.6 years due to the loss of one kidney; inability to lift and to perform certain routine tasks in a family-owned service station and automotive repair business.
Other Information
The case went to the jury on general damages only; loss of future earnings were withdrawn at the time of argument, as too speculative, notwithstanding economic testimony allowed by the Court.
Deliberation
5 hours
Poll
9-3
Length
6 days
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