Confidential
Settlement – $200,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)
Facts
On September 6, 1990, Plaintiff, a 15-year-old student, presented to Defendant medical center with an abscess and red streaks on the bottom of his foot. The abscess was incised and drained. No antibiotics were given. Plaintiff returned for a wound check on September 8, 1990. The wound was examined and the dressing changed. Once again, no antibiotics were given. Plaintiff returned to the emergency room on the following day. At that time, he had a temperature of 102 degrees, a pulse of 118, and severe swelling from the foot to the knee. Defendant physician examined Plaintiff and discharged him from the emergency room without additional treatment. On September 11, 1990, Plaintiff was admitted to Orthopedic Hospital. Shortly thereafter, a diagnosis of osteomyelitis of the tibia was made. Plaintiff was hospitalized approximately one month for treatment with IV antibiotics, as well as two surgical debridements of his tibia. Plaintiff has had no recurrence of the osteomyelitis since that time.
Settlement Discussions
Plaintiff contends their first demand was $300,000 and Defendants' first offer was $100,000.
Specials in Evidence
$26,000
Injuries
Osteomyelitis of the tibia requiring one month hospitalization, treatment with IV antibiotics, and surgical debridement.
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