Confidential
Settlement – $100,000Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Regina A. Petty
(Fisher & Phillips LLP)
Experts
Plaintiff
Patricia Gautreau
(medical)
Alan Entin
(medical)
Defendant
Donna Early
(medical)
Stephen Hebert
(medical)
Charles March M.D.
(medical)
Facts
In the latter part of 1995, plaintiff, a 32-year-old medical billing clerk, consulted defendant doctor concerning a problem with pelvic pain. Defendant suspected endometriosis and recommended an exploratory laparoscoy. He told plaintiff that the procedure would take about a half hour under general anesthetic, and following approximately two hours of recovery, she would be discharged to return home. Defendant used an instrument known as a trocar to perform the laparoscopy. The trocar was manufactured by defendant manufacturer. The trocar consists of a sharp knife-like tip which penetrates the abdominal wall and a plastic protective sheath which moves forward to protect the tip once the trocar passes the abdominal wall. The sharp tip and the plastic sheath, also called the "spike" or the "canula" fit into the other part of the trocar which consists of a clear plastic tube. After the spike penetrates the abdominal wall and the plastic sheath returns to protect the tip, the spike is removed from the plastic tube and the plastic tube serves as a conduit for the television lens to inspect the abdominal contents or is utilized as a conduit for other instruments in order to perform required procedures. At 7:53 a.m., defendant doctor made his first incision in the umbilicus, and inflated the abdominal cavity to raise the abdominal wall off of the organs and vessels beneath the abdominal wall. After sufficient inflation was obtained, defendant doctor attempted to insert a trocar into the plaintiff. However, the first trocar was defective and did not function properly. Defendant doctor requested a second trocar which he used on the plaintiff. At 8:10 a.m., the plaintiff's blood pressure critically dropped. Defendant doctor terminated the diagnostic laparoscopy and called for assistance, including a trauma surgeon. Initially, a certified surgical technologist assisted defendant doctor as he proceeded to do a laparotomy (a horizontal incision in the pelvic area). Another OB/GYN came into the operating room and replaced the certified surgical technologist. Defendant doctor found about 500 cc's of blood in the abdominal cavity. He noted a laceration in the mesenteric support structures which he repaired. However, the bleeding continued. Ultimately, the trauma surgeon arrived, and found the patient with the abdominal incision and being transfused with blood and blood products. The trauma surgeon discovered an area of scathing laceration to the serosa and muscularis in the mid-jejunum which he repaired. Just above the point of the bifurcation of the aorta, he discovered a trocar injury. Further exploration of the aorta revealed two small trocar injuries which were bleeding profusely. The surgeon repaired the lacerated aorta, noting that a total of 3,000 cc's of blood had been lost. The plaintiff remained on life support and remained in intensive care for several days. She was discharged after nine days in the hospital. She convalesced at home for six weeks before being able to return to work. The plaintiff brought this medical malpractice action against the doctor, manufacturer and hospital.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $________. The defendants made a C.C.P. º998 offer of compromise for $_____________ .
Specials in Evidence
$___________ $___________ $___________ $___________
Other Information
The settlement was reached approximately one year and nine months after the case was filed.
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