Vickie Garvin v. Raymond Henderson
Published: Nov. 18, 2003 | Result Date: Feb. 6, 2003 | Filing Date: Jan. 1, 1900 |Case number: INC011829 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Campbell H. Finlay
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Paul Milberg
(medical)
Defendant
William Yvorchuk
(medical)
Facts
In 1993, 55-year-old Vicki Garvin, sought treatment for frown lines on her forehead and below her eyes from defendant Raymond Henderson, a board certified plastic surgeon. Over the next few years, the defendant treated the plaintiff with Zyplast injections and Retin-A treatment to the face, neck, chest and hands. On Sep. 6, 1997, the defendant performed a bilateral otoplasty (pinning back of the ears) and blepharoplasty (smoothing out of the eyes) in his office under local anesthesia. Post-operatively, the plaintiff indicated that she was not satisfied with the surgery. The defendant agreed to revise at no charge. The plaintiff also requested a rhytidectomy (face lift) at the same time. The plaintiff was instructed to discontinue taking any medications that would effect the ability of the blood to clot for at least two weeks prior to the scheduled surgery (the plaintiff denies having been given this instruction). The procedure was performed under local anesthesia at the defendant's office. The defendant noticed an unusual oozing of blood throughout the procedure, which required electrocautery to control. The defendant decided not to perform the otoplasty revision. The plaintiff was monitored in the recovery room for a number of hours to ensure there were no further problems with bleeding. She was discharged later that night in stable condition. Post-operatively, the skin behind the right ear became dusky and she developed eschar (scab) in front of the left ear. At her next office visit, the defendant noted that her condition was improving, but advised her that she may need scar revision in the future. She did not return to the defendant's office.
Settlement Discussions
The plaintiff demanded $250,000. The defendant made a C.C.P. Section 998 offer of $100,000 (renewed on first day of trial).
Specials in Evidence
$10,500 $15,000 - $30,000 for corrective surgery
Injuries
Extensive hypertrophic scarring around both ears.
Result
Defense verdict
Other Information
The defendant will be filing a cost bill, including C.C.P. Section 998 costs, totaling more than $30,000.
Deliberation
25 minutes
Poll
12-0
Length
four days
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