Richard Woodring v. John Brown, M.D., and Deborah Forrester, M.D.
Published: Nov. 28, 1998 | Result Date: Oct. 9, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC163675 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Donald Courts
(medical)
Defendant
Roy L. Herndon
(medical)
Facts
Plaintiff Richard Woodring, a 39-year-old tile setter, was an employee of the defendants, Dr. John Brown and Dr. Deborah Forrester. The plaintiff had worked six days a week for the defendants for over six months. On March 30, 1996, he complained of a lump in his lower right quadrant. Defendant Brown examined the plaintiff and made a recommendation that he have the lump evaluated. Because he did not have insurance, defendant Forrester, a professor of radiology at the University of Southern California (USC), offered to take the plaintiff to USC to obtain a computer tomography (CT) scan of the abdomen. On March 30, a CT scan was obtained at USC which showed a possible periappendiceal abscess. The plaintiff was not admitted at that time. On April 1, the CT scan was read by a staff radiologist confirming appendicitis with an appendiceal abscess. This information was relayed by defendant Forrester to defendant Brown who allegedly again advised the plaintiff to go to the hospital on April 1. The defendants alleged that the plaintiff refused. Defendant Brown prescribed, obtained and paid for antibiotics to treat the plaintiff's condition. On April 2, the plaintiff began to exhibit signs consistent with an acute abdomen and he was taken to USC where he had open appendectomy, at which time, a perforated appendix was removed. The plaintiff was discharged five days later and, on June 12, was readmitted for a CT guided aspiration of recurrent abscesses in his right lower quadrant. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $65,000 (each). Per defendants, they made no offer. Per plaintiff, the defendants made a C.C.P. º998 offer for a waiver of costs.
Specials in Evidence
$15,000 Waived
Injuries
Plaintiff waived his loss of earnings claim.
Other Information
The plaintiff had filed a motion for a new trial and a motion for judgment notwithstanding the verdict.
Deliberation
one hour
Poll
12-0
Length
11 days
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