Confidential
Settlement – $775,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Scott A. Kennedy
(Law Offices of Burg & Brock)
Defendant
Experts
Plaintiff
Stephen P. Suzuki
(medical)
Richard H. Andolsen
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
James T. London M.D.
(medical)
Peter D. Wrobel CPA
(technical)
June Hagen
(technical)
Facts
According to the defendant: On Dec. 23, 1997, the plaintiff, a 57-year-old saleswoman, injured her left foot when
she inadvertently kicked the corner of her desk. She first sought medical care following week, at which time X-
rays were unremarkable. She was diagnosed with a severe contusion of her left foot, and given a special shoe
and crutches to utilize until the injury resolved.
The plaintiff returned for a follow-up visit approximately one month later, at which time a follow-up X-ray
revealed the presence of a fractured metatarsal. She was referred to the defendant orthopedic surgeon. The
patient was first seen by the defendant on February 10, approximately seven weeks following the initial injury.
At that time, the defendant opined that the fracture had healed sufficiently such that immobilization of the foot
was not indicated. He referred the patient to physical therapy, to address the residual pain and swelling, with
instructions to return the following month to be reassessed. The patient returned as scheduled, continuing to
complain of residual pain. The defendant prescribed additional physical therapy and instructed the patient to
return in another month to be reassessed.
The patient returned as scheduled on March 31, 1998, continuing to complain of substantial pain and
discomfort. At that time, the defendant instructed the plaintiff to obtain an MRI. The patient obtained the
imaging study and returned to the defendantÆs office on June 2, 1998 for further evaluation and treatment. The
plaintiff noted that she continued to complain of pain and discomfort.
Dr. Davis, however, noted that the patientÆs complaints were minimal in nature and did not present any reason
or basis upon which to justify a disability claim precluding her from returning to work. He thus discharged her
from further care. He never again saw her in a physician-patient relationship. The patient went home and called
her insurance company, complaining that she was continuing pain. She was thus referred to a medical
examiner for a second opinion. Upon presentation, the subsequent doctor noted the patient to have considerable
swelling, tenderness and pain.
Additional X-rays were interpreted as showing a misalignment of the fracture. Subsequent physical therapy
and conservative treatment were unvailing, ultimately resulting in the patient having three subsequent foot
surgeries over the next two years. As of the time of trial, she was scheduled for fourth surgery, which is
anticipated will go forward shortly following the conclusion of trial.
Settlement Discussions
The plaintiff demanded $90,000. The defendant made no offer.
Specials in Evidence
$60,000 $500,000
Injuries
The plaintiff alleged ongoing pain and discomfort of her left foot, as well as back pain as a result of having an altered gait, secondary to her misaligned left foot. She had undergone three surgeries over the last two years, and is currently scheduled to undergo a fourth surgery shortly following the conclusion of trial.
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