Confidential
Settlement – $175,000Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Scott B. McFall
(Agajanian, McFall, Weiss, Tetreault & Crist LLP)
Facts
In November of 1991, Plaintiff, a 50-year-old waitress, was transferred to Defendant hospital complaining of severe abdominal pain. Surgery was performed, lasting approximately 6.5 hours, for a bowel obstruction. In preparation for surgery, Plaintiff was placed on her back with her arms extended 90 degrees out from her side, to facilitate the administration of fluids and anesthesia. After approximately 3 hours, her position was changed where the table was tilted to facilitate the surgery. The length of the surgery and the positioning of Plaintiff during surgery caused a stretching injury to the nerves coming from her neck to her arms. Immediately after the surgery, Plaintiff complained of numbness and weakness in both arms; she had no history of pain or weakness in either arm.
Settlement Discussions
Plaintiff contends no offers or demands were exchanged prior to this settlement.
Specials in Evidence
$100,000 $100,000
Injuries
Frozen shoulder and brachial plexus injury requiring ongoing physical therapy; residual weakness in the left shoulder muscles with decreased sensation in the entire left arm to the finger tips. Due to the weakness in the left shoulder, Plaintiff is no longer able to pursue her profession as a waitress.
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