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Personal Injury (Non-Vehicular)
Medical Malpractice
Lack of Informed Consent

Paul Dugre v. Lucien Jassy, M.D., Gonzalo R. Ballon-Landa, M.D., et al.

Published: Jul. 6, 1996 | Result Date: May 20, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 620602 –  $0

Judge

Wayne L. Peterson

Court

San Diego Superior


Attorneys

Plaintiff

David A. Manzi


Defendant

Dan H. Deuprey

Sheila S. Trexler


Experts

Plaintiff

Jeffrey E. Galpin M.D.
(medical)

Defendant

William P. Curran Jr.
(medical)

Ted W. Gay
(medical)

Charles F. Landers
(medical)

Facts

On November 2, 1988, the plaintiff, Paul DuGre, M.D., a 66-year-old physician, was treated at Mercy Hospital by defendants Gonzalo R. Ballon-Landa, M.D. and Lucien Jassy, M.D. (now deceased) for severe pneumonia. The plaintiff was further diagnosed as suffering from acute respiratory distress syndrome ("ARDS"). The plaintiff's hospital course from February 2, 1988 through June 23, 1988 was complicated due to the advanced stage of his pneumonia upon admission. In addition to his pneumonia, the plaintiff also developed an empyema, an abscess, pneumothoraces and a reaction to the drug, Septra, which induced hepatitis. The plaintiff was comatose during most of his hospitalization and required ventilatory support. The plaintiff brought this action against the defendants based on medical negligence theories of recovery.

Settlement Discussions

No settlement demands and offers were exchanged.

Specials in Evidence

$155,742.20 $307,939 $136,874 $50,000

Damages

The plaintiff asked the jury for $1,275,055.

Injuries

The plaintiff alleged that he sustained permanent immunosuppression and avascular necrosis of his hips requiring bilateral hip replacement, chronic neck and back pain and permanent brain damage caused by hypoxia as a result of the defendants' medical negligence.

Other Information

The verdict was reached approximately six years and four months after the case was filed. Per defense counsel, the severity of the plaintiff's illness upon admission to the hospital and the study of the time line, indicated no violation of standard of care and was a probable major factor in the jury's determination.

Deliberation

1+ hours

Poll

Not Taken

Length

11 days


#92351

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