Hoskin v. Lesavoy
Published: Oct. 7, 2000 | Result Date: Jul. 11, 2000 | Filing Date: Jan. 1, 1900 |Case number: SC053528 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Steven D. Davis
(Steven D. Davis Law Group APC)
Experts
Plaintiff
George A. Macer Jr., M.D.
(medical)
Defendant
Randy Sherman
(medical)
Facts
On Aug. 11, 1997, the plaintiff, a 52-year-old grade school teacher, injured his right pinkie finger when he fell off
a motorized skateboard. The plaintiff was subsequently seen by the defendant after the right finger boney
mallet injury had been treated with extension splinting for two weeks.
On August 28, open reduction and internal fixation of the right fifth finger was performed by the defendant.
The plaintiff was seen in follow-up by the defendant.
On the October 28 visit, the K-wire was removed and definite hyperextension was noted. On November 25, the
defendant again indicated that the patient was fixed in extension. He was referred to occupational therapy but
was seen only on once occasion.
The tip of the plaintiffÆs repaired finger became fused in 25 degrees of hyperextension.
Settlement Discussions
The plaintiff demanded $250,000, reduced to $125,000 before trial. The defendant made no offer.
Specials in Evidence
$4,500 - $6,000 (for corrective surgery)
Injuries
The plaintiff's tip of right pinkie finger fused in 25 degrees of hyperextension.
Other Information
The plaintiff's allegation regarding failure to provide adequate informed consent was withdrawn during trial.
Deliberation
45 minutes
Poll
11-1
Length
four days
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