Sara Cravo and Frank Cravo v. Health Net, Sharp Mission Park Medical Group, Inc., Richard K. Petyn, M.D.
Published: Dec. 11, 1999 | Result Date: Oct. 15, 1999 | Filing Date: Jan. 1, 1900 |Case number: 722157 – $613,956
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Marilyn R. Moriarty
(Lewis, Brisbois, Bisgaard & Smith LLP)
Gabriel M. Benrubi
(Davis, Grass, Goldstein & Finlay)
Experts
Plaintiff
Dennis F. Levin
(medical)
Robert W. Rand
(medical)
David Barba
(medical)
Defendant
Ronald M. Kobayashi
(medical)
Brian R. Copeland
(medical)
Facts
Plaintiff Sara Cravo, a 64-year-old retired tax collector, saw Dr. Richard Petyn, an internist, at Sharp Mission Park Medical Group (HealthNet HMO) three times in 1994 with a complaint of numbness on the right corner of her mouth. Dr. Petyn examined the patient and advised the patient that she did not have any serious medical problem. According to the defendant, the patient never complained of any problem with her mouth from 1995-1997 until June 1997, when she returned with the same facial numbness and diminished hearing on the right side. Dr. Petyn then referred the patient to an ENT specialist, who ordered an MRI and diagnosed a 4.5 centimeter brain tumor (meningioma). The patient was then referred to defendant's panel neurosurgeon, who recommended that plaintiff forego surgery and try an investigational medication to shrink the tumor. The patient rejected this proposal and underwent five brain surgeries with nonpanel neurosurgeons who removed 70 percent of the tumor. The patient was successful in recovering most functions, except she continues to suffer short-term memory losses, a droopy right eyelid and balance difficulties that prevent her from driving.
Settlement Discussions
The plaintiffs demanded $125,000. The defendant offered a waiver of costs.
Damages
$180,000 in medical expense paid by Medicare.
Injuries
Residual short-term memory problems, droopy right eyelid and balance difficulties.
Other Information
Prior to trial, the plaintiffs served a C.C.P. Section 998 offer to compromise for $125,000. After adding in costs, prejudgment interest and expert witness fees, plaintiffs' net judgment is approximately $713,000.
Poll
10-2 (liability), 9-3 (damages)
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