Donald Scali and Harriet Scali v. William Caton, III, M.D.
Published: Jul. 10, 1999 | Result Date: May 24, 1999 | Filing Date: Jan. 1, 1900 |Case number: GC015253 Verdict – $0
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
Kevin Gohar
(medical)
Defendant
James T. London M.D.
(medical)
Deborah M. Forrester
(medical)
Facts
In August 1994, plaintiff Donald Scali, then 53 years old, was referred to the defendant William Caton, M.D., a neurosurgeon, for evaluation of a spinal cyst. The plaintiff showed neurological deficits, reasonably attributable to the spinal cyst, for which Dr. Caton recommended surgery. Prior to admission, the plaintiff did not complain of any upper extremity problems whatsoever, and denied any type of prior shoulder problems or injuries. The plaintiff was admitted to the defendant Huntington Memorial Hospital on Sept. 7, 1994 for surgery. The surgery was apparently accomplished without difficulty; however, upon awakening from anesthesia, the plaintiff indicated that he was unable to move his right upper arm. It was subsequently discerned that the plaintiff was suffering from a torn rotator cuff in his right shoulder. The plantiffs brought this action against the defendants based on negligence and loss of consortium.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $100,000. The defendants made no offer because there was no consent.
Specials in Evidence
$40,000
Injuries
The plaintiff sustained a torn rotator cuff of the right shoulder; residual limitation of motion and unremitting pain. The plaintiff wife made a claim for loss of consortium.
Other Information
This case was originally disposed of by way of a motion for summary judgment in favor of the defendant based upon the court's sustaining an objection to the declaration of the plaintiff's expert in opposition to the motions for summary judgment. However, it was reversed by the appellate court and remanded for trial.
Deliberation
two hours
Poll
12-0
Length
nine days
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