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
Court
Solano Superior
Attorneys
Plaintiff
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
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