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Personal Injury
Medical Malpractice
Negligent Surgery

Barry Russell Kaabe, Katy Schrader Kaabe v. Philip Brodack, John Piconi

Published: Jul. 30, 2005 | Result Date: Jun. 14, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 394941 Verdict –  $0

Judge

Edward D. Webster

Court

Riverside Superior


Attorneys

Plaintiff

Eugen C. Andres


Defendant

Susan Fox Jordan


Experts

Plaintiff

Dudley S. Danoff M.D., F.A.C.S.
(medical)

Defendant

Stuart D. Boyd
(medical)

Facts

The plaintiff, Barry Russell Kaabe, 59, had benign prostatic hypertrophy which caused him significant problems with urinary frequency and urgency. He postponed treatment because he wanted first to conceive a child with his wife. Sometime after they had a baby, on March 26, 2002, he underwent TURP surgery on his enlarged prostate. During the surgery, the plaintiff sustained a bladder laceration. The following day, the covering urologist evaluated the plaintiff and removed a suprapubic catheter.

Specials in Evidence

$220,000 $440,000

Damages

The plaintiff asked for $250,000 for pain and suffering. His wife asked for a discretionary amount for loss of consortium.

Injuries

The plaintiff claimed that he was 70 percent less energetic after the two surgeries and that he was not able to engage in heavy work, which required him to hire a skilled employee to operate the heavy machinery at his business. He also claimed decreased bladder capacity and sexual problems.

Deliberation

three days

Poll

9-3 (negligence as to both defendants)

Length

10 days


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