Edward Cargile; Carol Cargile v. Richard Mulvania, M.D.; Tustin Community Hospital
Published: Feb. 7, 1998 | Result Date: Jun. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 724504 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Andy Rechnitzer
(technical)
Edwin C. Colbern
(medical)
Thomas Goodheart
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Daniel Zinar
(medical)
William Dougherty
(medical)
Lt. Cmdr. Nelson Thomas
(technical)
Facts
Plaintiff Edward Cargile, a 53-year-old scuba diver, required surgery on his anterior cruciate ligament. On Feb. 25, 1993, defendant Dr. Richard Mulvania performed the surgery. The defendant intended to put plaintiff's leg in a Velcro brace after surgery but the staff forgot to bring it. A long leg, posterior splint was used instead. Plaintiff complained of pain, and it was determined that an exothermic heat reaction had caused third-degree burns to plaintiff's leg. Plaintiff was disabled for four months. The plaintiffs, husband and wife, brought this action against the doctors and hospital based on medical negligence and loss of consortium. The hospital settled prior to jury selection for $9,500.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $60,000. The defendant made a C.C.P. º998 offer of compromise for $29,999.
Specials in Evidence
$28,000 (plaintiff claimed he lost three job opportunities).
Injuries
The plaintiff claimed permanent scarring to his thigh and calf, loss of sensation, hypertension and depression.
Other Information
At trial, defendants reported that plaintiff testified he was a civilian member of a Navy SEAL team since Vietnam and that he was injured in combat. Defendant produced the commander of SEAL teams in Vietnam, Lt. Cmdr. Thomas Nelson, to impeach plaintiff and testify that there was no such thing as a civilian SEAL team member or that defendant was ever a member of the Navy SEALS in the Vietman war.The verdict was reached approximately three years and six months after the case was filed. A settlement conference was held on May 16, 1997, before Judge Polis resulting in no settlement.
Deliberation
four hours
Poll
10-2
Length
nine days
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