Michelle Schaffer v. E. Jack Benner
Published: Oct. 28, 2003 | Result Date: Jun. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01AS05242 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jay V. Solnick
(medical)
Defendant
Richard A. Jacobs
(medical)
Thiru Rajagopal
(medical)
Alan Pont
(medical)
Facts
The plaintiff, was a 37-year-old insulin-dependent diabetic, with a pre-existing history of diabetic complications, including peripheral neuropathy and infections of the lower extremities. She also had a history of hidradenitis suppurative, which involved chronic inflammation and mechanical blockage of the apocrine glands. This caused her to have recurrent abscesses in the axilla, breasts and groin. Between September 26 and 29, 2000, the plaintiff was seen by the defendant physician to evaluate abscesses and an infection of the groin. She was treated daily with injectable intramuscular antibiotics. On Sep. 29, she developed necrotic tissue in the area and was hospitalized for possible necrotizing fasciitis, a flesh-eating bacteria. She underwent an extensive debridement procedure on an emergency basis. She received IV antibiotic therapy and ultimately underwent skin grafting.
Settlement Discussions
The plaintiff demanded $49,000, reduced to $25,000; there were no offers.
Specials in Evidence
$44,216 (the parties stipulated that this was a reasonable value for past services and that it was the amount of the Medi-Cal lien)
Injuries
The plaintiff claimed her condition transitioned from hidradenitis suppurative to a life-threatening bout with necrotizing fascitis.
Deliberation
one hour
Poll
12-0
Length
nine days
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