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CONFIDENTIAL

Mar. 11, 1995

Personal Injury (Non-Vehicular)
Medical Malpractice
Surgical Negligence

Confidential

Settlement –  $92,500

Judge

Jane D. Myers

Court

Orange Superior


Attorneys

Plaintiff

Daniel M. Hodes
(Hodes Milman LLP)


Defendant

Steven D. Hillyard


Experts

Plaintiff

Gene Ireland
(medical)

William L. Feinstein
(medical)

Defendant

Ivan Turpin
(medical)

Facts

On December 15, 1992, Plaintiff, a 71-year-old retiree underwent a 4-lid blepharoplasty at the hands of Defendant surgeon. Pre-operatively, the skin and muscle tone around Plaintiff's eyes was noted to be "poor." In preparing her face for surgery, Defendant had used the substance Hibiclens, which the PDR indicates "should not be used as pre-operative skin preparation of the face or head." At surgery, Defendant performed a tarsal tuck. Several days later, a severe ectropion was apparent in the right lower lid.

Settlement Discussions

Plaintiff contends she demanded $135,000 and Defendant offered $29,999.

Specials in Evidence

$11,000 uncertain

Injuries

Severe ectropion of the right lower lid requiring surgical "salvage" procedure in February of 1993 and a second procedure on October 13, 1993 designed to further tighten the canthal tendon; residual minor cosmetic defect.


#86557

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