Clara Manafi, et al. v. Novacare Orthotics and Prosthetics; and Good Samaritan Health System, et al.
Published: Feb. 7, 1998 | Result Date: Aug. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV752701 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Anthony F. Pinelli
(Williams, Pinelli & Cullen LLP)
Experts
Plaintiff
James Kirn
(medical)
Hamid M. Mehdizadeh
(medical)
Sherryl E. Michaelson
(medical)
Defendant
Arthur E. Lyons
(medical)
Deb Merrill
(medical)
Facts
On Sept. 27, 1994, plaintiff Clara Manafi, a 39-year-old bank teller who had a history of back problems, underwent low back surgery at defendant Good Samaritan Hospital. The plaintiff had a discectomy at level L4-5, laminectomy and decompression and two fusions. The next day, defendant Debra Alejo from defendant Novacare (a provider of orthotics/prosthetics) came to the hospital to fit plaintiff with a prescribed back brace. Plaintiff claimed defendant Mattie Cooper, a nursing assistant, ignored plaintiff's complaints of dizziness and insisted she stand up to put on the brace. The plaintiff stood up and fainted. Defendants Alejo and Cooper put plaintiff back in bed. Plaintiff then complained of pain down her left leg. The plaintiff alleged she repeatedly complained of the pain but nothing was noted in her medical records. Six months later, plaintiff underwent surgery again. The plaintiffs, husband and wife, brought this action against defendants based on medical negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $190,000 to each defendant. The defendants made an offer of $10,000 ($5,000 from each defendant).
Specials in Evidence
$6,013.50 $16,704 $451,185 $488,700
Other Information
MEDIATION: Mediation was held before Philip Young of Hoge, Fenton, Jones & Appel resulting in no settlement. EXPERT TESTIMONY: No doctor testified that the incident was a medically probable cause of a dislodged bone graft. Plaintiff's surgeon testified that he saw a dislodged bone graft in the second surgery, but he did not put that finding in his operative report.
Deliberation
4½ hours
Poll
9-3 (negligence for plaintiff); 12-0 (no causation)
Length
10 days
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