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Personal Injury
Medical Negligence
Delayed Diagnosis

Susan Kluey v. Robert Eastlack, M.D., Patrick O'Meara, M.D., Jeffrey Miller, M.D., and Does 1 through 20, inclusive

Published: Oct. 3, 2015 | Result Date: Jul. 29, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 37-2013-00058465-CU-MM-CTL Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Steven D. Hillyard


Defendant

Robert B. Fessinger
(Schmid & Voiles)

Robert A. Cosgrove
(Robert A. Cosgrove & Associates)

Thomas M. Peabody
(Peabody & Buccini LLP)


Experts

Plaintiff

Arthur P. Kowell M.D., Ph.D.
(medical)

Steven Graboff
(medical)

Defendant

Joshua P. Prager M.D.
(medical)

Stuart C. Marshall
(medical)

Facts

Plaintiff Susan Kluey filed suit against defendants Robert Eastlack, M.D., Patrick O'Meara, M.D., and Jeffrey Miller, M.D., claiming medical malpractice.

Dr. Miller and Dr. O'Meara were dismissed prior to trial.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants delayed the diagnosis of her wrist fracture resulting in complex regional pain syndrome.

DEFENDANTS' CONTENTIONS:
Drs. Eastlack, O'Meara, and Miller, alleged that plaintiff's wrist fracture was timely diagnosed. Defendants further argued plaintiff's CRPS developed from a severe trauma she sustained from a humerus fracture.

Injuries

Plaintiff claimed she required physical therapy, occupational therapy and hand therapy treatments, along with three surgeries.

Result

The jury found in favor of all three defendants, finding defendants met the standard of care.

Other Information

FILING DATE: July 19, 2013.

Deliberation

two hours

Poll

9-3

Length

nine days


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