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CONFIDENTIAL

Apr. 30, 1994

Personal Injury (Non-Vehicular)
Negligence
Failure to Disclose

Confidential

Settlement –  $100,000

Judge

J. Lawrence Irving

Court

San Diego Superior


Attorneys

Plaintiff

Alex B. Scheingross

Eugene R. Berkenstadt


Defendant

Robert R. Heft


Experts

Plaintiff

Marc H. Reiner
(medical)

Richard Payne
(medical)

Defendant

Katherine DiFrancesca
(medical)

Michael Oxman
(medical)

Facts

Plaintiff Mrs. Doe, a 32-year-old female in a then unhappy marriage, had a one-time affair with a co-worker, Defendant Mr. Roe. Both were medical professionals. Defendant allegedly transmitted genital herpes to the Plaintiff, and the Plaintiff transmitted the disease to her husband. (The Plaintiff and her husband have reconciled.) The time period during which these events took place was not disclosed.

Settlement Discussions

Plaintiff contends she made a 998 demand in the amount of $249,000 and Defendant made no offer. Defendant contends that Plaintiff increased her demand to $500,000.

Specials in Evidence

$10,000

Injuries

Genital herpes for which there is no cure and little/or no treatment; emotional distress and depression requiring 10 days of hospitalization.


#90353

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