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Personal Injury
Medical Malpractice
Statute of Limitations

Rosemary Stevens, Jim Stevens v. Cully A. Cobb

Published: Oct. 7, 2003 | Result Date: Mar. 18, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 00AS06444 Verdict –  $0

Judge

William M. Gallagher

Court

Sacramento Superior


Attorneys

Plaintiff

Andrew E. Bakos
(Andrew E. Bakos & Associates PC)


Defendant

Leo H. Schuering Jr.

Paul R. Baleria
(Lewis, Brisbois, Bisgaard & Smith, LLP)


Facts

In 1997, plaintiff Rosemary Stevens, 76, developed worsening left jaw pain, which prompted a referral to the defendant, Cully Cobb, M.D., a neurosurgeon. She was diagnosed with meningioma and elected to undergo surgery described as a left posterior fossa craniotomy and resection of tumor. On Dec. 2, 1997, the defendant successfully removed the tumor in surgery. The plaintiff's pain complaints resolved and there has been no recurrence of the tumor. She did develop facial weakness following the procedure. Intra-operatively, her seventh facial nerve was slightly damaged due to its proximity to the tumor, a risk the defendant had explained to her beforehand. She maintained that she did not suspect any wrongdoing on Cobb's part until Aug. 17, 1999, her last appointment with him. At that time, she learned that her facial weakness would not completely resolve. Stevens' husband also filed a loss of consortium claim.

Injuries

The plaintiff claimed residual facial weakness due to nerve damage to her seventh facial nerve.

Other Information

The plaintiffs waived post-trial motions in exchange for a waiver of costs.

Poll

9-3

Length

seven days


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