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Personal Injury (Non-Vehicular)
Medical Malpractice
Lack of Informed Consent

Lucille Sullens v. Scott Grant, M.D.

Published: Nov. 28, 1998 | Result Date: Sep. 11, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 774530 Verdict –  $0

Judge

Dennis Keough

Court

Orange Superior


Attorneys

Plaintiff

Bruce A. Nahin


Defendant

Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)


Experts

Defendant

Lawrence Chong
(medical)

Facts

On Jan. 25, 1996, plaintiff Lucille Sullens, a 68-year-old woman, whose left eye visual acuity was 20/50 + 2, presented to defendant Dr. Scott Grant, an ophthalmologist. She was referred to him for recurrent left eye vitreous hemorrhages. The defendant recommended a vitrectomy but allegedly did not discuss with the plaintiff the risks and complications. The vitrectomy was performed on Feb. 5, at Anaheim Memorial Hospital. During the retrobulbar injection, the defendant admittedly perforated the globe of the plaintiff's eye, causing a massive hemorrhage. Due to a complete lack of operative vision, the defendant immediately terminated the procedure. He saw the plaintiff in his office the next day. The plaintiff was blind in her left eye. He advised her that another surgery needed to be done within one week because the plaintiff had suffered a severe bleed intra-operatively. The defendant admittedly did not tell the plaintiff that he had caused the bleed by perforating the globe with the anesthetic needle. A repeat vitrectomy was performed on Feb. 15, but, due to the severity of the hemorrhage, the plaintiff suffered a giant retinal tear and complete retinal detachment which could not be reattached. The plaintiff sought a second opinion from another doctor at Jules Stein Clinic who advised the plaintiff she was not amenable to surgical repair. The plaintiff was permanently blind in her left eye. The plaintiff brought this action against the defendant based on a medical negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made no offer, no consent.

Injuries

The plaintiff suffered total blindness in her left eye.

Other Information

The verdict was reached approximately ____ years and _____ months after the case was filed. A settlement conference/ arbitration /mediation was held on ____/____/19____ before ____________ (name) of __________ (affiliation) resulting in ___________ .

Deliberation

one hour

Poll

12-0 for defendants

Length

four days


#89707

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