Edmund Mizia v. John T. Quigley, West Coast Orthopedic Medical Group
Published: Sep. 3, 2005 | Result Date: Jul. 28, 2005 | Filing Date: Jan. 1, 1900 |Case number: GC033611 Verdict – $0
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
James G. O'Callahan
(Girardi & Keese)
Defendant
Raymond L. Blessey
(Reback, McAndrews & Blessey LLP)
Facts
On Aug. 9 , 2002, defendant Dr. John Quigley, performed a left ankle fusion surgery on plaintiff Edmund Mizia. During the plaintiff's post-operative hospital stay, Dr. Quigley told him there had been an injury either to the peroneal nerve or the extensor tendon of his left big toe. After being discharged from the hospital, the plaintiff noticed that his left big toe was dropping. On Oct. 7, 2002, Dr. Quigley advised the plaintiff that he needed exploratory surgery for his toe problem. On Oct. 30, 2002, after experiencing persistent weakness in his toe extensors, the plaintiff underwent an electromyography test (EMG). The EMG indicated a severe neurapraxia or axonotmesis of the peroneal nerve. On Dec. 12, 2002, the plaintiff requested that a copy of the Aug. 9 surgery report be sent to his primary care physician. Around this time, he began receiving attorney referrals. Dr. Quigley treated the plaintiff until July 9, 2003. In July 2003, the plaintiff began treatment with another doctor, who told him that his injury was permanent. The plaintiff filed a complaint against Dr. Quigley on April 5, 2004, 20 months after Dr. Quigley performed the left ankle fusion surgery on the plaintiff. The trial was bifurcated and the threshold issue on whether the case was time-barred by the statute of limitations was tried before a jury. The plaintiff contended that the statute of limitations did not begin to run until July 2003, when he stopped treating with Dr. Quigley. The defendant contended that the statute of limitations began to run no later than December 2002.
Result
The jury rendered a defense verdict, finding that the action was barred by the applicable statute of limitations (California Code of Civil Procedure, Section 340.5).
Deliberation
1.5 hours
Poll
12-0 (statute of limitations)
Length
two days
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