Linda Reed v. Phillip Rand, M.D.
Published: Jun. 14, 1997 | Result Date: Apr. 17, 1997 | Filing Date: Jan. 1, 1900 |Case number: 699393 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Experts
Plaintiff
Carl Levinson
(medical)
Defendant
Philip E. Young
(medical)
Facts
On April 22, 1995, plaintiff Linda Reed, a 49-year-old unemployed woman, underwent a diagnostic laparoscopy. The procedure was performed by defendant Philip Rand. During the surgery, the plaintiff's small intestine was perforated. A repair of the perforation was performed the following day by Dr. Ivan Baronofsky. The plaintiff brought this action against the defendant based on negligence and lack of informed consent theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made no settlement offers.
Specials in Evidence
$100,000 $500,000
Damages
The plaintiff claimed $500,000 in general damages, and asked the jury to award $250,000.
Injuries
The plaintiff claimed she suffered a perforated colon during laparoscopy.
Other Information
Per the defendant, the plaintiff was impeached regarding issues of medical history and the current medical complaints are of unexplained origin.
Deliberation
2 hours
Poll
not taken
Length
3 days
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