Judith Turner, John Turner v. Jeffrey Gutman
Published: Jul. 16, 2005 | Result Date: Mar. 21, 2005 | Filing Date: Jan. 1, 1900 |Case number: 103CV816418 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Bradley M. Corsiglia
(Corsiglia, McMahon & Allard LLP)
Defendant
Experts
Plaintiff
Orlo Clark
(medical)
Robert Freedman
(medical)
Robert Cherlin
(medical)
Defendant
Barry Gardiner
(medical)
Facts
In 2002, Judith Turner, a 58-year-old software engineer and college professor, was diagnosed with an adenoma (benign tumor) on one or more of her parathyroid glands. Turner was referred to surgeon Jeffrey Gutman for surgery. During surgery, Gutman was only able to locate three of the four parathyroid glands. He charted that he removed all of them. He then found the fourth parathyroid gland which contained the adenoma, and removed that as well. This information was indicated in Gutman's operative report. After the surgery, Turner's body ceased producing parathyroid hormone. Turner sued Gutman for medical malpractice, claiming that he fell below the standard of care by removing all four of her parathyroid glands when only one contained the adenoma. The defendant contended that the operative report relied on in the case was in error. He contended that while the adenoma was removed, he had only biopsied, not removed, portions of two of the parathyroid glands. He claimed that the third one was inadvertently torn off. The defendant further introduced lab reports that revealed after surgery, some parathyroid function was present.
Settlement Discussions
The plaintiff demanded $320,000 and the defendant offered $29,999.
Specials in Evidence
$1,000 per month for experimental parathyroid hormone therapy for the rest of the plaintiff's life
Damages
The plaintiff's husband claimed loss of consortium, which was later dismissed.
Injuries
The plaintiff claimed she suffered from episodic tingling and sensations in her extremities, as well as mental confusion and fatigue. As a result of these symptoms, the plaintiff had to undergo medical monitoring and testing.
Result
Defense
Other Information
The plaintiffs waived their appellate rights in exchange for Gutman's waiver of costs.
Deliberation
55 minutes
Poll
11-1
Length
six days
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