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Personal Injury
Medical Malpractice
Negligence

Armagan Usanmaz, Sibel Usanmaz v. Kaiser Permanente Medical Center

Published: Jul. 23, 2005 | Result Date: Mar. 2, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 4769 Arbitration –  $28,930

Court

Case Not Filed


Attorneys

Plaintiff

Jay Chafetz


Defendant

Stephen F. Lucey


Experts

Plaintiff

Barbara T. McQuinn
(medical)

Defendant

Steve Strickland
(medical)

Bruce T. Adornato M.D.
(medical)

Facts

In 2002, Armagan Usanmaz, age 44, went to Kaiser Permanente Medical Center in Walnut Creek for a CT scan of his chest. Ike Wardley, a radiological technologist, was in charge of injecting Usanmaz with contrast dye. Usanmaz claimed that his left arm could not be used for the injection because he had suffered from thrombophlebitis years before. Nonetheless, Wardley inserted a needle in Usanmaz's left arm, but could not find a vein. Wardley then tried inserting the needle in Usanmaz's left wrist. Usanmaz claimed that Wardley caused nerve damage to his hand and wrist when he moved the needle around. Usanmaz filed a lawsuit against Kaiser Permanente for medical malpractice and battery.

Settlement Discussions

The plaintiff demanded $160,000 and the defendant offered $30,000.

Specials in Evidence

$2,430

Damages

The plaintiff sought damages for pain and suffering. The plaintiff's wife sought damages for loss of consortium.

Injuries

The plaintiff claimed he suffered from permanent nerve damage, pain and loss of sensation in his left thumb, index finger and wrist.

Result

The arbitrator Stephen Gorman found for Armagan Usanmaz and awarded him $28,930. The arbitrator also awarded Armagan Usanmaz $5,000 in sanctions for Kaiser's failure to admit certain requests for admission. The plaintiff's attorney reports that the arbitrator awarded low damages because of a surveillance videotape obtained by Kaiser which showed Armagan Usanmaz engaging in various activities with his injured hand.


#92005

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