Matthew Evenson v. Ali Tahmouresie, M.D.
Published: Feb. 7, 1998 | Result Date: Dec. 17, 1997 | Filing Date: Jan. 1, 1900 |Case number: 254847 – $0
Judge
Court
Riverside Superior Indio
Attorneys
Plaintiff
Defendant
Deborah O. deBoer
(Kramer, deBoer & Keane)
Experts
Plaintiff
P. Scott Harmon
(technical)
William Currin
(medical)
Defendant
Edmund Dombrowski
(medical)
Michael G. Willoughby
(technical)
Facts
On Aug. 31, 1993, plaintiff Mathew Evenson, a 37-year-old newspaper clerk, underwent discectomies and a two level fusion at L4-S1 with instrumentation for chronic intractable low back pain with weakness of both legs. The plaintiff's complaints returned after the surgery. He underwent a second surgery in August 1994 to remove the hardware. The defendant fused the L3-4 level. The plaintiff brought this action against the defendant based on medical negligence and lack of informed consent theories of recovery and claimed an inadequate work up before the first surgery.
Settlement Discussions
The plaintiff made a settlement demand for $25,000. The defendant made an offer during trial for $29,900.
Specials in Evidence
$116,357 $552,597
Injuries
The plaintiff claimed low-back pain, pain and weakness in both lower extremities requiring use of a cane.
Other Information
The verdict was reached approximately three years and four months after the case was filed. The defendant had a videotape of plaintiff gardening and bending up and down. POST-TRIAL MOTIONS: Plaintiff has appealed the verdict.
Deliberation
three hours
Poll
11-1 (negligence); 12-0 (informed consent)
Length
15 days
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