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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligence

Billie Morton v. Mercy Medical Center

Published: Mar. 11, 1995 | Result Date: Dec. 14, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 113718 –  $0

Judge

Steven E. Jahr

Court

Shasta Superior


Attorneys

Plaintiff

Monica Balavage

Michael S. Balavage


Defendant

Craig A. Sinclair


Experts

Plaintiff

Carol Huston
(medical)

Thomas Prindiville
(medical)

Greg Skipitis
(medical)

Defendant

Michael K. Haseman
(medical)

Jeffrey A. Goldstein
(medical)

Richard A. Jacobs
(medical)

Donald Snyder
(medical)

Tina Ravish
(medical)

Facts

On November 12, 1991, Plaintiff Billie Morton, a 67-year-old retiree, had a total abdominal hysterectomy. The surgeon left a one-half inch opening at the top of her vagina to allow for drainage. On November 15, 1994, a nurse employed by Defendant Mercy Medical Center, administered a warm water enema to relieve cramping from retained gas in Plaintiff's bowels.

Settlement Discussions

Defendant contends that they offered $11,000 and that Plaintiff demanded $50,000.

Specials in Evidence

$3,000

Injuries

Peritonitis and colitis with resultant pain requiring treatment with antibiotics which resulted in Plaintiff developing Clostridium difficile colitis, a complication of the antibiotic therapy; residual loss of sphincter muscle tone resulting in leakage of stool and emotional distress. Plaintiff's spouse claimed loss of consortium.

Other Information

The medical expenses admitted into evidence were about $3,000, which is the amount the health care providers accepted from Medicare and Medi-Cal as payment.

Deliberation

30 minutes

Poll

12-0

Length

3 weeks


#86554

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