Martin Marcus v. Frederic Nicola, M.D.
Published: Dec. 31, 1999 | Result Date: Dec. 3, 1999 | Filing Date: Jan. 1, 1900 |Case number: SC051764 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Peter J. McNulty
(McNulty Law Firm)
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Michael P. Ward
(technical)
Lawrence Fogel
(medical)
Brendon McAdams
(medical)
Defendant
Carlos A. Prietto III
(medical)
Facts
On March 31, 1997, plaintiff Martin Marcus, age 50, underwent a right total knee arthroplasty procedure performed by Dr. Frederic Nicola at Century City Hospital. Following the procedure, the plaintiff noticed weakness in his right foot and was ultimately diagnosed with a right foot drop caused by an injury to the sciatic nerve during the operation. In September 1998, the plaintiff fell, as the result of his right foot drop, fracturing his femur requiring an open reduction and internal fixation procedure and subsequent removal of screws. The plaintiff currently needs a revision of his right knee arthroplasty and use a walker at all times.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $1 million. The defendant made no offer.
Damages
$30,000 out-of-pocket medicals and $1 million to $1.5 million in lost future earnings.
Poll
11-1
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