Merle Lotherington v. Edwin Hockstein, DPM Scripps Clinic
Published: Nov. 9, 1996 | Result Date: Oct. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: 693218 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Bogdan
(medical)
Defendant
Donald F. Green
(medical)
Facts
On July 11, 1994, Merle Lotherington, a 58-year-old welcome-wagon representative sought care from defendant Edwin Hockstein, DPM, for treatment for a bunion and hammertoe deformity of her left foot which had gotten worse causing frequent sharp pain. This condition required surgical correction. Defendant Hockstein performed a modified McBride bunionectomy, removal of bone cyst and hammertoe release. The procedure ultimately failed (there was a failure of soft tissue healing). The plaintiff underwent a second surgery to correct the deformity, which had returned. The second surgery resulted in additional significant scarring. The plaintiff's foot still causes her discomfort, pain, aching and a constant tight feeling. The plaintiff brought this action against the defendants, Hockstein and Scripps Clinic, based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $150,000 at trial. The defendants made a counter offer for $29,999.
Damages
The plaintiff asked the jury for $350,000 for pain and suffering (per diem argument).
Injuries
The plaintiff claimed a permanent foot injury, pain, loss of range of motion and loss of strength. The plaintiff claimed she could no longer work, exercise or dance.
Other Information
The verdict was reached approximately one year after the case filed. A mandatory settlement conference was held on Aug. 21, 1996 before Judge Thomas Whelan of San Diego Superior Court. It did not resolve the matter.
Deliberation
1+ hours
Poll
10-2
Length
4+ days
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