Confidential
Settlement – $67,500Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert T. Miner
(medical)
Defendant
Gerald Johnson
(medical)
Facts
On Oct. 4, 1994, the plaintiff, a 41-year-old business woman, presented to the defendant surgeon for an endoscopic abdominoplasty with liposuction (a "tummy tuck"). The procedure left the plaintiff's abdomen disfigured with puckering of the skin. Two subsequent surgeries were performed which failed to correct the problem. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $120,208.15. The defendant made a C.C.P. º998 offer of compromise for a waiver of costs.
Specials in Evidence
$2,449.15
Injuries
The plaintiff claimed severe disfigurement necessitating additional surgeries.
Other Information
The settlement was reached approximately one year and seven months after the case was filed. A settlement conference was held on May 27, 1997 before J. Kenneth Ziebarth of San Diego Superior Court resulting in the reported settlement.
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