Mary and George Dibs v. Joel Berman, M.D.
Published: Feb. 4, 1995 | Result Date: Jan. 20, 1995 | Filing Date: Jan. 1, 1900 |Case number: 672323 – $387,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Catherine M. Graves MBA
(technical)
Theodore Coutsoftides
(medical)
Defendant
Dennis S. Riff
(medical)
Stephen V. Wilson
(medical)
Facts
On July 12, 1990, Defendant Dr. Joel Berman, was a board certified general surgeon who performed an ileal-anal pull through procedure on Plaintiff for extensive ulcerative colitis. He also attempted to construct a "J" pouch (internal reservoir to collect fecal waste). Plaintiff Mary Dibs, a 56-year-old school counselor, had multiple surgical complications; and the purpose of the surgery was frustrated.
Settlement Discussions
Plaintiff contends that she demanded $175,000 and that Defendant made no offers; Defense counsel contends that he could not make any offers since he did not have consent from the physician.
Specials in Evidence
$73,000 $68,000 $230,000 (per Plaintiff) $290,000 (per Defendant)
Injuries
Surgical complications requiring three corrective surgeries and use of a permanent ileostomy and bag.
Deliberation
1.5 days
Poll
10-2
Length
8 days
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