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Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to diagnose

Jean Johnson v. Zulquarnian Ganai, M.D., et al.

Published: Dec. 19, 1998 | Result Date: Sep. 22, 1998 | Filing Date: Jan. 1, 1900 |

Case number: RCV17968 Verdict –  $0

Judge

Barry L. Plotkin

Court

San Bernardino Superior


Attorneys

Plaintiff

James L. Price


Defendant

John Patrick Petrullo
(Petrullo, APC)


Experts

Plaintiff

Steven Cobb
(medical)

Michael D. Roback
(medical)

Marcy Zwelling-Amott
(medical)

Karen Lynn Smith
(technical)

Defendant

Joseph F. Viglotti
(medical)

Facts

On the evening of July 11, 1994, plaintiff Jean Johnson, a 54-year-old teacher (Ph.D.), fell in her backyard. Five hours later, she was taken by ambulance to the emergency room. Defendant Dr. Zulquarnian Ganai was the emergency room physician on duty at the time. The plaintiff was complaining of excruciating pain in the left hip area as well as severe pain in the lower back and the left thigh. Ganai ordered X-rays of the left hip and, in reviewing the X-rays before sending them on the radiology for a final review, Ganai failed to see a fracture of the left hip. Ganai told the plaintiff that her pain was attributed to a sprain of the left hip, thigh and lower back. He released the plaintiff from the hospital. Four months later, the plaintiff learned that she had been living with a severe fracture of the left hip which was causing chronic and severe hip and lower back pain that she was otherwise unable to explain. When diagnosed with a malunited and deformed left hip, the plaintiff was told that she required a total hip replacement followed by physical therapy, rehabilitation and subsequent surgeries (after five years). She elected conservative non-surgical treatment. In 1998, the plaintiff was told that conservative treatment was not successful. She requires a hip replacement. The plaintiff brought this action against the defendants based on a medical negligence theory of recovery. Before trial, plaintiff settled with all defendants except Ganai, who proceeded to trial.

Settlement Discussions

The plaintiff made a settlement demand for $100,000. The defendants made no offer.

Specials in Evidence

$366,000 $210,000 $230,000

Injuries

The plaintiff suffered a permanently malunited left hip causing constant pain, requiring total hip replacement, rehabilitation and future monitoring.

Other Information

The verdict was reached approximately three years after the case was filed.

Deliberation

two hours

Poll

12-0

Length

seven days


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