Confidential
Settlement – $586,250Judge
Court
Orange Superior
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Thomas Parsa
(medical)
Richard H. Greengold
(medical)
Scott Haldeman
(medical)
Defendant
Stephen E. Levy
(medical)
Facts
On October 24, 1994, the plaintiff husband, a 40-year-old salesman, presented at the defendant family medical practitioner for treatment of a mole. The plaintiff husband was suffering from hypertension. The defendant doctor had some osteopathic training. Without warning and without obtaining the plaintiff's consent, the defendant performed a cervical neck manipulation. Immediately thereafter, the plaintiff experienced blurry vision, nausea and dizziness. The plaintiff was rushed to the hospital, where a basilur stroke was confirmed. The plaintiffs claimed the stroke was caused by the neck manipulation. Before the incident, the plaintiff husband was earning $50,000 per year. The plaintiffs, husband and wife, brought this action against the defendant based on medical negligence, battery and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $650,000 (per the plaintiffs) or $999,000 (per the defendant). The defendant made non-statutory offer of compromise for $475,000. (Per the defendant, the defendant made no offer.)
Specials in Evidence
$6,000 (per the plaintiff) or $10,000 (per the defendant) (non collateralized) $570,000 (per the plaintiff) or $80,000 (per the defendant) $725,000 $75,000 - $100,000
Damages
The plaintiff wife claimed loss of consortium.
Injuries
The plaintiff husband sustained left side parapalegia and sensory loss as a result of the defendant's medical negligence. He also became impotent, unable to work as before, and could not ambulate independently.
Other Information
The settlement was reached approximately nine months after the case was filed. A settlement conference/arbitration/mediation was hled on ___/___/9___ before ____________ (name) of ____________ (affiliation or court) resulting in _____________.
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