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Personal Injury
Medical Malpractice
Lack of Informed Consent

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

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

George C. Heppner


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


#83474

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