Confidential
Settlement – $240,000Judge
Court
Ventura Superior
Attorneys
Plaintiff
Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)
Facts
Plaintiff, then a 31-year-old roofer, fell while on the job on September 25, 1991. He was taken to Defendant urgent care center, where X rays of his right wrist were performed. Defendant urgent care physician interpreted the X rays as showing a fractured wrist. Defendant radiologist reviewed the X rays and rendered a similar interpretation. Plaintiff continued receiving treatment at Defendant urgent care center over the next four months, including a second set of X rays on November 4, 1991. These were interpreted by Defendants as essentially unchanged from the prior films. The treatment consisted of the placement of a splint. After the splint was removed, physical therapy was performed. Plaintiff was released by Defendant urgent care physician, approximately 2 months following the injury. He was told that he was recovered sufficiently to return to work. On January 27, 1992, Defendant urgent care physician referred the Plaintiff to an orthopedist. Another set of X rays was performed. This orthopedist reviewed all three sets of film, re-examined Plaintiff, and determined that, in addition to the wrist fracture, Plaintiff had sustained a dislocated lunare bone, at the time of the initial injury. The orthopedist then referred Plaintiff to a hand specialist. An open reduction and internal fixation was performed on February 5, 1992. Following the surgery, some wrist function returned, but pain and discomfort continued. A partial fusion was then performed on March 19, 1993.
Settlement Discussions
Plaintiff contends their first demand was $350,000 and Defendants' first offer was $100,000.
Specials in Evidence
collateralized by Workers' comp $30,000
Injuries
Delayed diagnosis and treatment of dislocated lunate with residual weakness and limitation of motion of the right wrist with intermittent pain.
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