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
Defendant
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.
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