Jeffrey Hoff, a minor v. Alan Cohler, M.D.; Gilbert Solomon, M.D.
Published: Jun. 14, 1997 | Result Date: May 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: PC009676X Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Kevin J. Stack
(Knapp, Petersen & Clarke)
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Neal Brickner
(medical)
Defendant
Leonard B. Skaist
(medical)
Scott Bateman
(medical)
Richard A. Johnson
(medical)
Facts
In August 1985, plaintiff Jeffrey Hoff, a 6-month-old child, came under the care of defendant Alan Cohler, M.D.. Dr. Cohler saw the plaintiff on an average of once a month for recurrent upper respiratory and ear infections. On July 4, 1986, the plaintiff was presented to an urgent care clinic, as Dr. Cohler's office was closed. The plaintiff had pus emanating from his penis. The urgent care physician suspected a urinary tract infection and prescribed antibiotics. Two weeks later, the child was presented to Dr. Cohler with a rash on his neck. Dr. Cohler did not obtain a history of the previous problem and the accompanying visit to the urgent care clinic two weeks earlier and, accordingly, failed to follow up and investigate the cause of the urinary tract problem. Dr. Cohler continued to see the plaintiff for another six months, through January 1987, without following up concerning the plaintiff's urinary problem. The plaintiff claimed he was also seen by Dr. Cohler in mid-1987, with additional complaints of urinary symptoms, but Dr. Cohler denied ever seeing the plaintiff after January 1987 and had no medical records documenting any such visit. In September 1987, due to a change in insurance, the plaintiff came under the care of defendant Dr. Solomon, a board-certified family physician. The plaintiff was seen in Dr. Solomon's office a total of five times, over the course of the next seven months, with complaints of urinary tract symptoms in January and April 1988. Preliminary studies (urinalysis and urine culture) were obtained in April 1988, for the purpose of initiating an investigation into the problem. The results of the studies were unremarkable. The plaintiff again transferred care to another family physician, due to a change in insurance, and was never again seen by Dr. Solomon. In late 1989, the plaintiff underwent a physical examination that found an abnormal result on a routine urinalysis. A subsequent workup ultimately revealed a congenital abnormality which resulted in a reflux syndrome (as a result of back pressure, urine backed up the plaintiff's urinary rack to his kidneys, causing recurrent infections and related problems, including destruction of his right kidney.) The minor plaintiff brought this action against the defendant doctors based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff's settlement demands, if any, were not disclosed. The defendant made no settlement offers.
Specials in Evidence
$____________ $____________
Damages
The plaintiff claimed $350,000 in damages.
Injuries
The plaintiff claimed he suffered recurrent urinary tract infections, resulting in the destruction of his right kidney.
Other Information
The verdict was reached approximately _______ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19____ before ______________ (name) of ____________ (affiliation or court) resulting in ______________ .
Deliberation
½ day
Poll
11-1 (for Dr. Cohler), 10-2 (for Dr. Solomon)
Length
8 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390