Tierney v. Prietto
Published: Jan. 9, 1999 | Result Date: Nov. 2, 1998 | Filing Date: Jan. 1, 1900 |Case number: 772490 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Robert B. Fessinger
(Schmid & Voiles)
Experts
Plaintiff
Edmund B. Weis Jr.
(medical)
Defendant
Alan Beyer
(medical)
Facts
Plaintiff Frances Tierney, a 43-year-old computer technician, was a long time patient of defendant doctor's medical partner for problems with his right leg, i.e., a broken tibia, fibula, bone grafts, bone malunion, hardware placement and chronic osteomyelitis. Defendant Dr. Miguel Prietto only saw the plaintiff one time for an examination on Sept. 15, 1995, when plaintiff's normal treating physician was on vacation. Plaintiff was going on a vacation starting on September 23, and testified that he wanted to verify that he could fly with his complaints. Defendant doctor stated that on that date, plaintiff complained of some swelling in his leg with no fever. On examination, defendant doctor noted some mild swelling about his ankle, but the leg was not warm. Additionally, there was no drainage. It was his impression that plaintiff had mild swelling of the right leg. Defendant doctor prescribed elevation, compression dressing and instructed the plaintiff to return next week. Between the visit of September 15 through September 23, plaintiff stated that the area became a little sore, but not to a point where it was appreciably in worse shape. Two days after he arrived in Florida, September 25, plaintiff developed an abscess in the right lower leg on the outer part, near the mid-tibia/fibula. A doctor in Florida aspirated the wound and took cultures which demonstrated a staphylococcus aureus infection. Plaintiff was medicated and immediately sent back to California for emergency surgery. An incision, drainage and debridement was performed on plaintiff's tibia on October 1 with findings of necrotic tissue over the lateral distal middle third of the fibula with some purulence. All dead tissue was excised, the area was irrigated and packed open with gauze. Plaintiff was then placed on prolonged intravenous antibiotics until discharge on October 10. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for a waiver of costs.
Damages
The plaintiff claimed $250,000 in non-economic damages and $2,900 in damages for non-collaterilized special damages.
Injuries
The plaintiff claimed that his injuries resulted in need for lower extremity surgery.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
22 minutes
Poll
11-0
Length
one week
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