Confidential
Settlement – $799,869Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Virginia C. Nelson
(Law Ofcs Virginia C Nelson)
Defendant
Experts
Plaintiff
Ronald H. Wender
(medical)
Robert B. Hall Ph.D.
(technical)
Charles K. Jablecki
(medical)
Stephen E. Doyne
(medical)
Tamorah Hunt
(technical)
Melvin L. Cheatham
(medical)
Donna M. Barras
(medical)
Defendant
Dominick Addario
(medical)
Lorna E. Ramos
(medical)
Alessandro F. Anfuso
(technical)
John A.I. Grossman
(medical)
Gerald D. Martin
(technical)
Gale E. Thompson
(medical)
William R. Taylor
(medical)
Facts
The plaintiff, Harry Chadwick, a 45-year-old U.S. Marine, had his sixth back surgery, a posterior lumbar interbody fusion (PLIF) performed at Navy Medical Center, San Diego on Dec. 18, 2000. This surgery was to correct back problems which began as a result of a parachuting accident which occurred while the plaintiff was on active duty. The surgery was performed by a neurosurgeon and lasted approximately 14 hours. In the operating room, the plaintiff was put under general anesthesia and was placed in the prone position on a "Jackson" spine table by the surgical team. At the conclusion of the surgery, the surgical team flipped the plaintiff back into the supine position (face up). The team noticed blistering and the imprint of the table's chest piece on the plaintiff's chest at that time. The plaintiff awoke the next morning with no feeling or strength in his arms or hands. After five weeks, he had the ability to lift his arms but his hands were weak. Extensive neurological testing revealed that he had suffered a severe bilateral brachial plexopathy. Neurologist Dr. Charles Jablecki found that the plaintiff's injury was worst in his left hand than in his right. The plaintiff had decreased range of motion and fine motor dexterity in his left hand. His loss of fine motor dexterity was less severe in his right hand. Dr. Jablecki also opined that the plaintiff suffers from fatigue, constant pain and marked decreased strength in both hands.
Settlement Discussions
The plaintiffs' lowest settlement demand was $2 million. Prior to trial, the defendant made a Rule 68 offer of judgment for $900,000, which was rejected.
Specials in Evidence
Per plaintiff: PLEASE PROVIDE A FIGURE: Per defendant, $46,641 (present value) Per plaintiff: $2,465,914 (present value). Per defendant: $50,548 (present value)
Injuries
Harry suffered a permanent bilateral brachial plexus injury as a result of malpositioning during back surgery performed at Navy Medical Center. He had suffered permanent loss of movement, sensation and function in both hands. This deficit makes some fine motor activity difficult or impossible for him. Brenda filed a loss of consortium claim.
Result
Economic damages: $474,868. Non-economic damages: $250,000 (Harry Chadwick); $75,000 (Brenda Chadwick).
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