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
Court
Sacramento Superior
Attorneys
Plaintiff
Andrew E. Bakos
(Andrew E. Bakos & Associates PC)
Defendant
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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