Mree Nickles v. Thomas Lang
Published: Mar. 30, 2002 | Result Date: Dec. 18, 2001 | Filing Date: Jan. 1, 1900 |Case number: CV011334 Verdict – $0
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Barry Vogel
(La Follette Johson De Haas Fesler & Ames)
Experts
Plaintiff
Sidney Malet
(medical)
Defendant
Mark Owens
(medical)
Facts
The plaintiff, a 58-year-old female, had been treated by the defendant chiropractor for approximately 10 years.
Over the years, the chiropractor began using a herbal-based technique of treatment. When the patient came to
the defendant with complaints of lower abdominal pain, he made a diagnosis of kidney stones and then of
bladder dysfunction. He then prescribed herbal remedies.
Over the course of three visits to the defendantÆs office, the patient did not improve significantly. Days later,
she was seen in an emergency room, and a diagnosis of pyelonephritis was made. Two days after that she
experienced an episode of purulent material leaking from her vagina, and it was determined upon
hospitalization that an abscess from a ruptured appendix had broken through the vaginal wall resulting in the
escape of the infected substance.
An appendectomy was performed, but the stress of surgery resulted in a heart attack and
a stroke on the day after the surgery. It was subsequently found that she had three vessel
coronary artery disease, and several bilateral internal carotid artery stenosis, which conditions
led to the heart attack and stroke respectively.
Settlement Discussions
The defendant initially offered $30,000 at the settlement conference but discussions were terminated by the plaintiffÆs counsel when the entire insurance policy of $200,000 was not offered.
Damages
The plaintiff claimed approximately $40,000 in lost earnings. It was contended that the patient needlessly suffered a heart attack and a stroke as a result of the defendantÆs negligence.
Other Information
The defendants had $1 million primary and $50 million excess insurance. The Agajanian law firm was retained by the primary insurer. The excess carrier retained Patton Boggs, which was lead counsel at trial.
Deliberation
50 minutes
Poll
12-0
Length
seven days
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