Gary Winningham v. Dolf Ichtertz, M.D., Roderick Yip, M.D., Martin Bress, M.D., and Does 1 to 10, inclusive, including N. Birrell Smith, M.D.
Published: Jun. 27, 1998 | Result Date: Jan. 30, 1998 | Filing Date: Jan. 1, 1900 |Case number: 20611 Verdict – $0
Judge
Court
San Benito Superior
Attorneys
Plaintiff
Defendant
Barry C. Marsh
(Hinshaw, Marsh, Still & Hinshaw LLP)
Facts
On June 14, 1994, plaintiff Gary Winningham, a 27-year-old heavy equipment operator, fractured his leg in a motorcycle accident. He was taken to Hazel Hawkins Hospital and stabilized. Defendant Dr. Dolf Ichtertz, an orthopedic surgeon, consulted on June 15, 1994, and offered to stabilize the patient to allow him to be transfered to his home for further treatment or offered to perform open reduction and internal fixation of the fracture. After conversing with his treating physician, the plaintiff chose to allow Ichtertz to perform surgery. On June 16, 1994, surgery occurred and proceeded without complication. The plaintiff claimed that he required an excessive amount of pain medication post-operatively which masked the symptoms of compartment syndrome. The plaintiff also claimed that he was discharged from Hazel Hawkins Hospital to be transferred to Atascadero with his mother while experiencing compartment syndrome. On June 18, 1994, he was discharged at noon and arrived home at approximately 4 p.m. Because of pain and swelling in the leg, he was transported to Twin Cities Hospital in Templeton, where he was seen in the emergency room. He was eventually consulted by defendant Dr. Birrell Smith, who took the patient to surgery and performed a fasciotomy at approximately 8:30 p.m. The muscles in the plaintiff's leg had necrosed and he later developed osteomyelitis and required a prolonged admission to U.S.C. Medical Center for further orthopedic and plastic surgical treatment. The plaintiff was seen by a general surgeon, defendant Dr. Roderick Yip, on the date of discharge, who documented an absence of pain in the leg. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
No offer, no consent by defendant Ichtertz.
Damages
The plaintiff claimed $850,00 in damages.
Other Information
At closing argument, plaintiff's attorney asked the jury not to find against defendant Smith and the jury obliged.
Deliberation
seven hours
Poll
12-0
Length
seven days
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