Levin v. Melvin Scheer, M.D., Santa Monica Bay Physicians, Inc. (formerly Santa Monica Plaza Medical Group, Inc.)
Published: Jul. 25, 1998 | Result Date: May 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC033918 Verdict – $34,000
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Leonard S. Steiner
(Steiner & Libo)
Defendant
Robert L. McKenna III
(Kjar, McKenna & Stockalper LLP)
Experts
Plaintiff
Gerald Weinstein
(medical)
Defendant
Howard E. Pitchon M.D.
(medical)
Robert Leibowitz
(medical)
Facts
On Sept. 28, 1993, the plaintiff sought medical treatment from defendant Dr. Melvin Scheer for genital warts. The defendant swabbed 3 percent acetic acid solution (dilute vinegar) on the plaintiff's genitals in order to determine the existence of subdural warts. Immediately after the vinegar solution was applied, the plaintiff experienced a severe burning sensation, and ultimately sustained the equivalent of second degree burns on his genitals. There was no dispute that the application of 3 percent acetic acid solution (dilute vinegar) was a proper procedure. The only issue was whether that solution was, in fact, the solution the defendant applied. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $29,999. The defendants made no offers.
Damages
The plaintiff claimed as damages pain and suffering loss of sensation to his penis and loss of earnings. The defendants disputed any permanency of injury or that any loss of earnings were attributable to the incident.
Other Information
The verdict was reached approximately _____ years and _____ months after the case was filed. A settlement conference/ arbitration /mediation was held on _____/_____/19______ before _______________ (name) of ______________ (affiliation) resulting in __________________.
Deliberation
1½ days
Poll
varied
Length
five days
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