Marvin Tredway v. Won-Min Han, M.D.
Published: Jan. 1, 1999 | Result Date: Nov. 3, 1998 | Filing Date: Jan. 1, 1900 |Case number: 97180697 Verdict – $0
Facts
On Aug. 26, 1996, plaintiff Marvin Tredway, age 71, underwent colon resection surgery. Defendant Dr. Won-Min Han, administered the anesthetic. Following the surgery, the plaintiff awoke with a right ulnar neuropathy. The plaintiff had a disabled left arm since birth. The plaintiff brought this action against the defendant based on a medical negligence theory of recovery.
Settlement Discussions
The defendant served a C.C.P. º998 for dismissal. The plaintiff's last settlement demand was $215,000. The defendant's last settlement offer was $50,000.
Injuries
The plaintiff suffered right ulnar neuropathy. He contended that he was disabled from doing carpentry work and lost strength and fine motor skills in his right hand. The defendant disputed the extent of plaintiff's damages.
Other Information
The verdict was reached approximately one year after the case was filed. A settlement conference held on July 31, 1998, before Judge Frederick Jacobs, resulted in no settlement. EXPERT TESTIMONY: The plaintiff's expert testified that defendant was negligent based on res ipsa loquitor and that the standard of care required the elbow to be padded. The defendant's expert testified that ulnar neuropathies occur for unknown reasons and that defendant complied with the standard of care.
Deliberation
less than one hour
Poll
10-2
Length
seven days
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