Debra J. Small, et al. v. Keith Agre, M.D.
Published: Aug. 9, 1997 | Result Date: Jul. 14, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC125039 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Donald C. Fesler
(La Follette, Johnson, De Haas, Fesler & Ames)
Experts
Plaintiff
Robert I. Steiner
(medical)
Defendant
Stanley Franklin
(medical)
Facts
On Jan. 31, 1987, plaintiff Debra Small, a 39-year-old writer, sought medical care and treatment from defendant Dr. Keith Agre, a nephrologist, following a cadaver kidney transplant. She sought care in connection with management of immunosuppresant medications, namely Cyclosporine, Imuran and Prednisone. In April 1992, she stopped taking Cyclosporine and stopped in December 1993, Prednisone was tapered to an ultra-low dosage of 2.5 mg every other day. In May 1994, the plaintiff suffered an acute rejection episode, resulting in the loss of over a decade of remaining useful life expectancy of the cadaver kidney that was transplanted. The plaintiffs, the patient and hus husband, brought this action against the defendant based on negligence, lack of informed consent and loss of consortium theories of recovery.
Settlement Discussions
Per the plaintiffs, the plaintiffs made a C.C.P. º998 settlement demand for $175,000 reduced to $100,00 at trial and the defendant offered $15,000, increased to $50,000 at trial. Per the defendant the plaintiffs made a settlement demand of $160,000 and the defendant made a C.C.P. º998 offer of compromise for $50,000.
Specials in Evidence
$156,000
Damages
The plaintiff husband and wife claimed loss of consortium.
Injuries
The plaintiff claimed loss of the cadaver kidney previously transplanted and past and future medical expenses.
Other Information
The verdict was reached approximately _____ years and _____ months after the case was filed. The plaintiffs intend to file a motion for new trial.
Deliberation
6 hours
Poll
9-3 (negligence), 10-2 (informed consent)
Length
9 days
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