Richard MacKenzie v. Joel Ray, M.D.; Grossmont Hospital
Published: Jul. 6, 1996 | Result Date: May 3, 1996 | Filing Date: Jan. 1, 1900 |Case number: 683848 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael I. Neil
(Neil, Dymott, Frank, McCabe & Hudson)
Experts
Plaintiff
David J. Coates
(technical)
Jack Moshien
(medical)
Defendant
Kenneth I. Gottlieb
(medical)
Alfred Lupi
(medical)
Facts
The plaintiff, Richard MacKenzie, a 36-year-old chef, had a degenerative cervical condition of his neck and could not work. On September 16, 1993, he presented at the emergency room. He was crying. The plaintiff was referred to defendant Dr. Joel Ray, a neurosurgeon, who confirmed through examination and an MRI that the plaintiff needed a fusion at C5-6 and C6-7. During surgery, a synthes plate was place during the anterior fusion procedure at the C5-6 and C6-7 levels. (The decision to place the plate was left to defendant Ray's intraoperative judgment.) Two weeks post-operatively, the plaintiff was started on physical therapy at Grossmont Hospital. In December of 1993, the plaintiff claimed that while doing physical therapy, he felt a pull or a snap in his back. On January 5, 1994, a fracture of the plate was documented on x-ray. On February 16, 1993, the plate was removed and the fusion was redone at C6-7 because of the failure of the fusion itself. Thereafter, the plaintiff remained under the care and treatment of defendant Dr. Ray until September of 1994 when the defendant was served notice of the lawsuit. The plaintiff brought this action against the defendants, Dr. Ray and Grossmont Hospital, based on medical malpractice and negligence theories of recovery.
Settlement Discussions
No settlement demands and offers were exchanged.
Specials in Evidence
$12,000
Injuries
The plaintiff alleged that he sustained a fracture of the plate, requiring a fusion procedure as a result of the defendant's medical negligence.
Other Information
The verdict was reached approximately one year and five months after the case was filed.
Deliberation
4 hours
Poll
12-0 (no liability - Dr. Joel Ray), 11-1 (no liability - Grossmont Hospital)
Length
7 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390