Guy Wiley v. Downey Community Hospital, et al.
Published: Mar. 18, 1995 | Result Date: Dec. 7, 1994 | Filing Date: Jan. 1, 1900 |Case number: VC014573 – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Steven A. Lerman
(Steven A. Lerman & Associates Inc.)
Defendant
Experts
Plaintiff
Ira Frank
(medical)
Charles Prewitt
(medical)
Facts
In July of 1992, Plaintiff Guy Wiley, a 48-year-old unemployed aeronautical engineer, underwent his second open heart bypass surgery. Because it was a "re-do" of another bypass procedure 10 years before, it was a high-risk surgery. At the end of the successful surgery, Defendant Dr. John M. Lawrence was informed by the nurses that a needle was missing. Dr. Lawrence searched the chest cavity for the needle while the nurses looked on the surgical drapes, floor, et cetera. The needle was not found. Therefore, the chest was closed and an intraoperative X ray was ordered. The X ray showed a small pacing needle above the diaphram. Plaintiff was informed of the presence and location of the needle and that the situation was of no consequence, after he awakened from anesthesia. Plaintiff received a conditional res ipsa loquitur instruction.
Settlement Discussions
Defendants contend they offered $10,000 and Plaintiff demanded $50,000.
Damages
Plaintiff sought pain and suffering damages and asked the jury for $250,000.
Injuries
Emotional distress requiring psychotherapy.
Deliberation
2 hours
Poll
9-3
Length
5 days
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