Maryanne and Raul Valenzuela v. Medical Clinic of Sacramento and Michael J. Kearns, M.D.
Published: May 14, 1994 | Result Date: Apr. 15, 1994 | Filing Date: Jan. 1, 1900 |Case number: 534373 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Herbert Dodd
(medical)
Defendant
David J. Kiener
(medical)
Richard L. Goode
(medical)
Facts
Plaintiff Maryanne Valenzuela, a 30-year-old bank teller, was seen by otolaryngologist Defendant Dr. Michael J. Kearns, M.D., of Defendant Medical Clinic of Sacramento, Inc., on July 5, July 18, July 31, and August 16 of 1990, for sudden sensorineural hearing loss (aka SNHL) and tinnitus. She complained that the conditions had begun just 3 days before the first visit. She gave a recent history of viral cold sores, but no other significant precipitating events. At the first visit, on a working diagnosis of viral or idiopathic cause, Defendant doctor prescribed Zovirax and prednisone. At the second visit, Plaintiff's hearing had returned almost completely, from "profound" hearing loss to nearly normal, but her tinnitus persisted. July 31 and August 16, the hearing remained nearly normal, but the tinnitus persisted. She did not return for any further care. In January of 1993, Plaintiff visited another otolaryngologist and reported a 30-month history of symptoms. She was diagnosed with a non-cancerous tumor, a Schwannoma of the vagus nerve, that had grown to 6cm in its "sausage-shaped" length. A neurosurgeon and otolaryngologist removed the tumor in a 13-hour operation in April of 1993.
Settlement Discussions
Defendants contend no offers or demands were exchanged.
Specials in Evidence
$150,000 collateralized not claimed
Injuries
All parties agreed that Plaintiff would have sustained hearing loss from the surgery, irrespective of earlier diagnosis); delayed diagnosis resulting in increased severity hearing impairment and various other cranial-nerve deficiencies in swallowing, voice, balance, and unilateral paralysis of facial muscles -- Plaintiff has, or is expected to, recover most or all of these functions, except that her balance and facial paralysis will see only partial recovery; voice deficiencies required out-patient surgical adjustment of a vocal cord. All medical specials were paid by collateral source.
Deliberation
3 hours
Poll
9-3
Length
7 days
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