Alberta Jordan v. Regents of the University of California
Published: Feb. 7, 1998 | Result Date: Dec. 16, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC021825 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Steven V. Angarella
(Angarella Law)
Defendant
N. Denise Taylor
(Taylor DeMarco LLP)
Experts
Plaintiff
Marshall Kadner M.D.
(medical)
Robert J. Shorr
(medical)
Defendant
Philip G. Brooks
(medical)
David Gelles
(medical)
Facts
On March 3, 1992, plaintiff Alberta Jordan, a 42-year-old bilingual teacher's aide, underwent a hysterectomy performed by defendant Dr. Brian Koos at the University of California Los Angeles (UCLA) Medical Center. Following surgery, plaintiff had a left femoral neuropathy. A Balfour retractor, a type of self-retaining retractor, was used during the surgery. Plaintiff had weakness and numbness in her left quadricep, requiring physical therapy and a walker. According to the defendant's records, plaintiff's neuropathy had almost completely resolved by Aug. 4, 1992, and she was released to return to work by September 1992. According to plaintiff's testimony and her subsequent treating neurologist, she required continued physical therapy and was disabled until July 1993. The plaintiff brought this action against defendants based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $40,000. Plaintiff also offered to submit to binding arbitration which defendant rejected. The defendant made no offer.
Specials in Evidence
$14,000 (unreimbursed medical and therapy expenses) $17,000 None claimed None claimed
Injuries
The plaintiff alleged numbness and weakness in the left quadricep and inability to walk without an assistive apparatus for 12 months, (six months per defendant's records), and loss of earnings for 14 months. Plaintiff claimed continued 10 percent disability in left extremity. Defendant claimed plaintiff made a full and complete recovery within six months.
Other Information
The verdict was reached approximately four years and 10 months after the case was filed.
Deliberation
3½ to four hours
Poll
10-2
Length
11 days
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