Paul Jermain, Gabriele Jermain v. Murray A. Thale
Published: May 4, 2004 | Result Date: Aug. 19, 2003 | Filing Date: Jan. 1, 1900 |Case number: SCVSS74666 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Patricia A. Law
(Law Offices of Patricia A. Law APC)
Defendant
Christopher C. Cannon
(La Follette, Johnson, De Haas, Fesler & Ames)
Experts
Plaintiff
Gary L. Painter
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Ted Vavoulis
(technical)
Lester M. Zackler M.D.
(medical)
Defendant
Howard Tung M.D.
(medical)
James E. Shook
(medical)
Facts
On Dec. 1, 1999, plaintiff Paul Jermain, a dentist, underwent an L5-S1 laminectomy and diskectomy, performed by defendant Dr. Murray Thale, a neurosurgeon. The plaintiff continued to work at his dental practice until he developed recurrent back pain beginning on Jan. 15, 2000. He was hospitalized and began to worry that he had a disc space infection. The plaintiff then sold his dental practice for $300,000. After being discharged, plaintiff continued to be treated by defendant. On March 10, defendant ordered a gallium scan which showed no evidence of an active disc space infection. In April, defendant prescribed the plaintiff the oral antibiotic Keflex, the reasons for which were disputed. The plaintiff continued to believe he had an infection that ultimately caused the collapse of his L5-S1 disc space. Plaintiff Paul Jermain and his wife Gabriele sued defendant alleging medical malpractice.
Settlement Discussions
The plaintiff made a demand of $750,000; defendant offered C.C.P. Section 998 waiver of costs.
Damages
The plaintiff claimed $2.5 million in loss of past and future earnings. Gabriele Jermain claimed loss of consortium.
Injuries
The plaintiff claimed he suffered total disability from the collapse of his L5-S1 disc space. In September 2000, the plaintiff began to treat with an orthopedist. A fusion of L5-S1 was performed but did not improve the plaintiff's back pain. The plaintiff is being treated at a pain management center. The plaintiff asserted that because of his back pain, he was forced to sell his dental practice and was unable to return to work. Experts agreed that he could no longer work as a dentist.
Result
The jury returned a defense verdict.
Deliberation
four hours
Poll
12-0
Length
10 days
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