Yuriy Bozhko and Yelena Bozhko v. Turbo Shields
Published: Jun. 26, 1999 | Result Date: Feb. 12, 1999 | Filing Date: Jan. 1, 1900 |Case number: 982017601KNT Verdict – $0
Judge
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Theodore Clark
(medical)
Defendant
Allan F. Tencer
(medical)
Daniel Bruzsek
(medical)
Facts
On May 29, 1995, the claimant, a 9-year-old child, suffered superficial lacerations at home when her knee struck and broke a glass cabinet door. She was transported to respondent's urgent care facility by her father; however, the facility was closed. She was then seen at Mission Hospital emergency room. She received a cobra screening examination by physician Woodrow P. Wilson, M.D. Dr. Wilson was not permitted to treat the patient after contacting the respondent and being informed that the urgent care facility was not open and that the claimant should be transported back for insurance purposes. The claimant was seen in the urgent care facility by physician's assistant, Gerald Laursen. He noted several superficial lacerations. After anesthetizing the right knee and visually exploring the wound, he noted three lacerations and sewed two of them up with five stitches each. In December 1997, the plaintiff, then 11, was noted to suddenly have a swollen knee. She was evaluated at emergency facility at Lakeview, Anaheim and X-rays revealed two radio-opaque foreign bodies, presumably glass. On Jan. 14, 1998, the claimant was arthroscopically operated on by Dr. Marc Safran of the respondent. He removed two foreign bodies and noted the claimant to have chondromalacia with some cartilage damage. The claimant brought this action against the respondents based on negligence.
Settlement Discussions
The claimant made a C.C.P. º998 settlement demand for $225,000. The respondents made no offer.
Injuries
The plaintiff sustained articular damage requiring surgery and possible future surgeries as a result of residual chondromalacia with some cartilage damage.
Other Information
The award was reached approximately one year after the case was filed. A binding arbitration was held on April 18, 199, before Troy D. Roe, of Timely Dispute Resolution, resulting in the award.
Deliberation
1½ hours
Poll
11-1
Length
three days
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