Eileen Anderson v. Astrid Mendoza, et al.
Published: Mar. 16, 2002 | Result Date: Aug. 21, 2001 | Filing Date: Jan. 1, 1900 |Case number: YC036267 – $165,000
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Ryan D. Saba
(Rosen Saba LLP)
Defendant
Michael V. Lamb
(Schmid & Voiles)
John S. Knowlton
(Burton Law Firm)
Experts
Plaintiff
Marvin Rapaport
(medical)
Facts
In September 1998, the plaintiff became pregnant and sought the services of the defendants who specialize in
obstetrics and gynecology. On Nov. 11, 1998, during a regularly scheduled appointment, the co-defendant
Mendoza prescribed Psorcon 0.05% cream in order to treat the plaintiffÆs pregnancy-induced mild acne.
The co-defendant instructed the plaintiff to apply the Psorcon twice daily to her face. The plaintiff began
immediately to apply the Psorcon to her face and developed cystic acne and steroid induced rosacea. Upon her
next regularly scheduled visit to the co-defendant Dr. NadellaÆs office, she was not seen by a physician but by a
nurse practitioner.
Notwithstanding her expressed concerns about her appearance, she was neither told to stop using the Psorcon,
nor was she seen by the defendant doctor. The plaintiffÆs face continued to break out into volcanic-type cysts
and draining pustules, which persisted throughout the entire duration of her pregnancy, and well after child
birth. She became a depressed recluse.
The plaintiffÆs condition reached its apex on Christmas Eve, 1998, when her face was in
such extreme pain that she admitted herself into Bayshores Medical Group Urgent Care Facility.
Shortly, thereafter, the plaintiff learned that the prescription of Psorcon caused steroid induced
rosacea and was wholly inappropriate for the treatment of facial dermatitis.
Settlement Discussions
Prior to arbitration, the defendant Mendoza served a C.C.P. Section 998 offer to compromise at $29,999. The defendant Nagamani served a C.C.P. Section 998 to compromise for a waiver of costs. The plaintiff offered to settle with the defendant doctors for $175,000. The plaintiff settled with the pharmacy, prior to arbitration, for $27,500.
Specials in Evidence
$1,733
Injuries
The plaintiff suffered from steroid induced rosacea.
Other Information
<A>A three-day arbitration was held before retired judge Arleigh Woods, Peter McNulty and P. Theodore Hammond, finding for plaintiff (3-0).</A>
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