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Personal Injury (Non-Vehicular)
Medical Malpractice
Negligent Care

Beverly and Ronald Burrell v. Harold Markowitz, M.D.

Published: Jul. 6, 1996 | Result Date: May 17, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 023433 –  $0

Judge

Judith O. Stein

Court

L.A. Superior Beverly Hills


Attorneys

Plaintiff

Jerome Zamos

Odion L. Okojie


Defendant

Bruce N. Miller


Experts

Plaintiff

Leslie H. Kim
(medical)

Ramanathan Prakash
(medical)

Defendant

Mason Hohl
(medical)

Arthur P. Kowell M.D., Ph.D.
(medical)

Facts

On June 28, 1991, the plaintiff Beverly Burrell, a 47-year-old assembler, underwent a total knee replacement surgery to her left knee. She had earlier undergone three arthroscopic surgeries, one of which was performed by the defendant, Harold Markowitz, M.D., for a torn meniscus. Post-operatively, the plaintiff was put on a CPM machine and developed foot numbness. The plaintiffs, Beverly Burrell and her husband, Ronald Burrell, brought this action against the defendant based on medical negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $125,000, increased to $200,000. The defendant made no settlement offers.

Specials in Evidence

The plaintiffs stipulated to no special damages in return for the defendant's agreement not to introduce the Workers' Compensation Appeals Boards' Compromise Award

Damages

The plaintiffs claimed loss of consortium.

Injuries

The plaintiff alleged that she sustained severe osteoarthritis, posterior tibial neuropathy and that she subsequently underwent a revision of the total knee due to a loosening, by another orthopedic surgeon. The plaintiff also alleged that there was no treatment available for her nerve injury.

Other Information

The verdict was reached approximately three years after the case was filed.

Deliberation

5+ hours

Poll

12-0

Length

12 days


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