Robert Perez v. Michelle Chapman, M.D.
Published: Apr. 26, 1997 | Result Date: Apr. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 39505 – $0
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Albert R. Gutowsky
(technical)
Samuel M. Sobol
(medical)
Eric P. Weiss
(Scali Rasmussen, PC)
(medical)
Jeremy H. Swan
(medical)
Eric Disbrow
(medical)
Defendant
Stephen Oesterle
(medical)
Michael MacQuarrie
(medical)
Edwin Alderman
(medical)
Facts
On Feb. 14, 1993, plaintiff Robert Perez, a 38-year-old assistant manager, presented to defendant Dr. Michelle Chapman in the emergency room at John C. Fremont Hospital in Mariposa. Defendant Dr. Chapman misdiagnosed the plaintiff's myocardial infarction as a pulmonary embolism, thus, delaying the administration of thrombolytic therapy for three-and-one-half hours. The defendant contended that the working diagnosis of pulmonary embolism was reasonable, given the plaintiff's clinical presentation. The plaintiff brought this action against the defendant based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1.2 million. The defendant made no settlement offer.
Injuries
The plaintiff suffered irreversible damage to 50 percent of his heart muscle leaving with a 20 percent ejection fraction, total disability, and an 8- to 10-year life expectancy.
Other Information
The verdict was reached approximately three years after the case was filed.
Deliberation
3 1/2 hours
Poll
11-1
Length
16 days
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