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Personal Injury
Medical Malpractice
Wrongful Birth

Judy Green v. Theodore Shea, M.D.

Published: Jul. 11, 1998 | Result Date: Feb. 10, 1998 | Filing Date: Jan. 1, 1900 |

Case number: L006115 Verdict –  $0

Judge

David E. Power

Court

Solano Superior


Attorneys

Plaintiff

Michael J. Mandel


Defendant

George E. Washington
(Washington & Washington)


Experts

Plaintiff

Joanna Moss
(technical)

Thomas F. Brown
(medical)

James G. Tappan
(medical)

Defendant

Carl Levinson
(medical)

Facts

On June 23, 1993, plaintiff, a single parent, then age 33, gave birth to her third child and underwent a bilateral tubal ligation performed by defendant Theodore Shea, who used the Pomeroy technique. The pathology report revealed a possible problem as to whether a full cross-section of the left fallopian tube had been obtained. The plaintiff saw the defendant approximately one week after surgery and was advised to return to have the fallopian tubes checked further. There was a factual dispute as to whether the plaintiff was told the tube might not have been occluded. The plaintiff did not return but admitted that her partner used condoms thereafter. The plaintiff gave birth to a healthy baby girl in September 1995. A subsequent tubal ligation was performed and, according to the operating surgeon, the left tube was "normal throughout its length," although bound down by scar tissue in places. The plaintiff contended that the defendant used an improper operative technique; that it was improper that a cross-section of the left tube was not obtained; and that follow-up was improper in that the plaintiff was not fully advised as to the potential problem. The defendant contended that he encountered unusual anatomy on the plaintiff's left side, in that the tube was swollen and bound down by scarring; that the plaintiff was advised as to the content of the pathology report; and that the plaintiff was told to refrain from sexual intercourse, and to return in six weeks for a hysterosalpingogram, but did not return.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $29, 999. The defendant made an offer for a waiver of costs.

Damages

The plaintiff claimed $115,000 for costs of raising her fourth child and the value of mother/household services.

Other Information

The verdict was reached approximately two years and one month after the case was filed.

Deliberation

three hours over two days

Poll

11-1

Length

five days


#91189

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