Linda Carter and Henderson Carter v. Alan Noel, M.D.
Published: May 22, 1999 | Result Date: Mar. 24, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC158101 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Lawrence Scott
(medical)
Defendant
Susy Chi Peng
(medical)
Donald Ostergard
(medical)
Facts
In September 1996, plaintiff Linda Carter, age 39, underwent a subtotal hysterectomy. Shortly after the procedure, she began to experience stool leakage from her vagina and sought follow-up care with her surgeon, defendant Dr. Noel. Dr. Noel believed the plaintiff was experiencing "old blood" and prescribed antibiotics. When the problem continued, the plaintiff sought the assistance of her primary care physician defendant Dr. Bordenave. Dr. Bordenave suspected a rectal-vaginal fistubla and prescribed antibiotics. The plaintiff failed to return for follow-up appointments and, upon return, was referred to a colorectal surgeon for the fistula and for rectal incontinence. The surgeon performed a sphincteroplasty procedure for the anal incontinence but was unable to find the rectal-vaginal fistula. The plaintiff still complains of stool in the vagina. The plaintiff brought this action against the defendant based negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $100,000. The defendants made no offers.
Specials in Evidence
$70,000
Damages
A loss of consortium claim was also made.
Other Information
The verdict was reached approximately three years after the case was filed. A settlement conference was held on March 16, 1999, before Judge McEchney resulting in settlement.
Deliberation
1½ hours
Poll
12-0
Length
six days
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