Ivone Luka v. The Regents of the University of California
Published: Oct. 16, 1999 | Result Date: Jul. 26, 1999 | Filing Date: Jan. 1, 1900 |Case number: SC037567 – $0
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Patrick W. Mayer
(Schmid & Voiles )
Experts
Plaintiff
Charles S. Syers
(medical)
Louis Rosner
(medical)
Defendant
Stephen J. Nahigian
(medical)
Facts
On April 15, 1994, plaintiff Ivone Luka, a 45-year-old homemaker, underwent surgery at the UCLA Medical Center to explore and correct the cause of pain she was experiencing in front of her left ear with a protruberance under the skin. When the plaintiff was 3 years old, she was kicked in the face by a horse, which arrested the growth of her chin. After the accident, the plaintiff underwent at least 13 surgeries in Brazil. One or more of the surgeries included placement of silastic to prevent fusion of the temporomandibular joints (TMJ), and gap arthroplasties to create pseudo-joints so the plaintiff could open and close her mouth. During the 1994 surgery, the cause of the plaintiff's pain was determined to be a point of bone growing around a piece of silastic. The defendant oral surgeon recommended an exploratory procedure to be performed under local anesthetic and explained the risk of facial paralysis. After the procedure, the plaintiff experienced complete paralysis of the left side of her face. The plaintiff brought this action against the defendant The Regents of the University of California (UCLA Medical Center) based on professional negligence.
Settlement Discussions
The plaintiff made a settlement demand for $250,000. The defendant made no settlement offer.
Specials in Evidence
$______________ $______________
Injuries
The plaintiff claimed the surgery left her with little or no recovery of muscle function in the left half of her face and that she required the replacement of a gold weight to allow closure of the left eyelid. The defense conceded the paralysis was permanent to part of her face, and that motor function was diminished throughout the left side of her face. The plaintiff also claimed she suffered a loss of sensation throughout the left side of her face, a claim that was disputed by the defendant. The plaintiff further claimed her injuries resulted in headaches with quick-motion hypersensitivities preventing the plaintiff from cuddling with her small daughter, as well as an inability to retain food and drink in her mouth.
Other Information
The verdict was reached approximately four years and eight months after the case was filed.
Deliberation
two hours
Poll
11-1
Length
four days
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