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Personal Injury
Medical Malpractice
Failure to diagnose

Peter Wilson and Carol Wilson v. Kenneth Schemmer, M.D., et al.

Published: Aug. 1, 1998 | Result Date: Apr. 1, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 772156 Verdict –  $135,900

Judge

Eleanor M. Palk

Court

Orange Superior


Attorneys

Plaintiff

Bridget G. Baynes


Defendant

Donald A. Lounsbury


Experts

Plaintiff

Soroya Ross
(medical)

Paul M. Goldfarb
(medical)

Donald J. Schiller
(medical)

Defendant

David Crnic
(medical)

Facts

Plaintiff Carol Wilson underwent laparoscopic cholecystectomy performed by defendant Dr. Kenneth Schemmer, a surgeon. On Nov. 27, 1995, plaintiff returned to defendant on multiple post-operative visits with complaints of a yellow-orange fluid leaking from a port site in her abdomen followed by bloating, pain, nausea, fatigue and after two weaks, the presence of jaundice. The plaintiff went to her family practitioner who recognized the jaundice and arranged for immediate hospitalization. The defendant still delayed surgical repair for another three weeks, at which time the plaintiff was found to have extensive abdominal scarring and required a Roux-En-Y repair by a subsequent treating surgeon. The plaintiffs, husband and wife, brought this action against the defendant based on medical negligence. The plaintiff's husband sued for loss of consortium.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $75,000.

Specials in Evidence

$__________ $__________ $__________ $__________

Other Information

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

Deliberation

1½ days

Poll

11-1

Length

11 days


#91368

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