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CONFIDENTIAL

Feb. 7, 1998

Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Surgery

Confidential

Settlement –  $150,000

Judge

Harry L. Hupp

Court

USDC Central


Attorneys

Plaintiff

Daniel P. Powell
(Thon, Beck, Vanni, Callahan & Powell)


Defendant

Lawrence E. Kole


Experts

Plaintiff

Darwood B. Hance
(medical)

Oscar F. Jackson
(medical)

R. Douglas Collins
(medical)

Defendant

Arnold S. Seid
(medical)

Facts

On July 11, 1994, plaintiff, a 33-year-old landscape contractor, underwent bilateral laparoscopic hernia repair. The left side surgery was without complications. On the right side, plaintiff experienced a staple entrapment of the lateral femoral cutaneous nerve (sensory nerve to thigh). The plaintiff complained of pain but was discharged without complications. The plaintiff brought this action against defendant based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $250,000. The defendant made an offer of $75,000.

Injuries

The plaintiff suffered permanent injury to the lateral femoral cutaneous nerve.

Other Information

The settlement was reached approximately one year after the case was filed. Mediations were held on Dec. 2 and Dec. 10, 1997, before Stephen Hillman resulting in the reported settlement.


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