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Personal Injury
Medical Malpractice
Lack of Informed Consent

Phillip Qualls v. Mannie Joel

Published: Jul. 16, 2005 | Result Date: Apr. 27, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 2002051950 Verdict –  $0

Judge

Bonnie L. Sabraw

Court

Alameda Superior


Attorneys

Plaintiff

Justin A. Roberts


Defendant

D. Stuart Candland


Experts

Plaintiff

Kasra Amirdelfan
(medical)

Raymond Gaeta
(medical)

Wendy Robbins
(medical)

Defendant

Lorne G. Eltherington
(medical)

David Wixson
(medical)

Facts

In April 1996, plaintiff Phillip Qualls, a 56-year-old truck driver, injured his neck while driving for work. He developed chronic neck pain and was referred to defendant Dr. Mannie Joel, a pain management specialist. The plaintiff's treatment plan included cervical epidural injections of medication placed through a Racz catheter introduced through the caudal space. After the third procedure, the plaintiff developed burning pain in his right leg. He asserted the catheter damaged the L5 and S1 nerve roots during the course of the procedure.

Injuries

The plaintiff continued to complain of pain in his right leg and neck. His treating pain management specialist opined that the pain would last for at least five years and that he might require a spinal stimulator which would cost $35,000 to $40,000. The plaintiff's past medical specials were paid by a collateral source and he made no wage loss claim. He sought an award of $10,000 a year for pain and suffering for the rest of his life.

Result

The jury found in favor of defendant.

Deliberation

1.5 hours

Poll

12-0

Length

seven days


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