Robert Ryan Evans v. Brett C. Barnes, M.D.
Published: Feb. 7, 1998 | Result Date: Oct. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: SCV4626 Verdict – $0
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Anthony D. Lauria
(Lauria Tokunaga et al LLP)
Experts
Plaintiff
J.C. Pickett
(medical)
Norman K. Poppen
(medical)
Defendant
Geoffrey Weiderman
(medical)
Facts
On May 30, 1995, plaintiff Robert Evans, a 21-year-old construction worker, suffered a scaphoid (concave) fracture but did not seek treatment for several months. Finally, in May 1995, plaintiff saw defendant Dr. Brett Barnes, an orthopedist, who diagnosed the fracture and recommended treatment options. The plaintiff underwent surgery with grafting and fixation with an AC screw. The screw was removed one year later because it irritated the soft tissue. The plaintiff brought this medical malpractice action against defendant based on a lack of informed consent theories of recovery.
Settlement Discussions
The plaintiff made a C.C.CP. º998 settlement demand for $65,000. The defendant offered to waive costs.
Specials in Evidence
$2,000 $15,000
Damages
The plaintiff asked for specials, plus $100,000 in general damages.
Injuries
The plaintiff claimed to suffer pain and motion restriction of the wrist for 17 months preventing him from working and going to school.
Other Information
The verdict was reached approximately ______ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on _____/______/19____ before ________________ (name) of ________________ (affiliation or court) resulting in ___________________.
Deliberation
70 minutes
Poll
12-0
Length
five days
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