Viesturs Petersons, M.D., Silvija Petersons v. Glendale Adventist Medical Center
Published: Dec. 24, 1999 | Result Date: Oct. 28, 1999 | Filing Date: Jan. 1, 1900 |Case number: EC016561 – $0
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Bruce A. Broillet
(Greene, Broillet & Wheeler LLP)
Defendant
Peter J. Zomber
(Law Offices of Peter J. Zomber PC)
Facts
Plaintiff Viesturs Petersons M.D., was a neurosurgeon and had been on staff at Glendale Adventist Medical Center for approximately 19 years prior to the incident. On March 15, 1994, the plaintiff was an assistant surgeon in a scheduled surgery. Both the surgeon and Dr. Petersons asked for foot-controlled stools before the surgery. A foot-controlled stool was brought to the surgeon and to the plaintiff by the circulating nurse in the operating room. Unlike the modern pneumatic-hydraulic foot-controlled stools, this was an old spring loaded stool. When the plaintiff put his foot on the pedal to pump it, so that it would go up, it actually went down rapidly. The plaintiff fell on the stool approximately six inches. The trial was bifurcated with liability being tried. Thus, the jury did not hear any evidence regarding his pre-existing condition, which consisted of grade II spondylolisthesis with a pars defect and that Dr. Petersons first saw a physicians six weeks after the incident and thereafter closed his practice in June 1999. He had seen various neurosurgeons and orthopedists all who recommended surgery to him, which would have included pedicle screws. Rather than having the surgery, Dr. Petersons used an electric stimulator and a body jacket hoping that bony fusion would arise. In July 1999, he underwent surgery for his back.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $2.8 million. The defendant offered $500,000.
Specials in Evidence
in excess of $750,000 in excess of $2 million
Damages
The plaintiff's wife claimed loss of consortium.
Injuries
The plaintiff claimed to be unable to perform neurosurgery due to his back. In July 1999, the plaintiff underwent surgery, which included internal fixation with pedicle screws. The plaintiff was treated for five years including 2+ years for depression during which he was unable to perform neurosurgery. He has not returned to practice.
Other Information
The case was four years and 10 months old when transferred to Judge Stoll. Counsel for defense brought a motion to apply MICRA, which was denied by Judge Stoll, who ruled that it was a simple negligence case. Judge Stoll sua sponte bifurcated the trial so that liability was tried and the jury did not hear of the damages or injuries other than being told that Dr. Petersons had undergone surgery in July 199. The plaintiff filed a motion for new trial and judgment notwithstanding the verdict which was denied on Dec. 3, 1999.
Deliberation
1+ hours
Poll
9-3
Length
three days
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