Glenn Wein v. John D. Matrisciano, M.D.
Published: Aug. 9, 1997 | Result Date: Jul. 8, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC027973 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Steven A. Morris
(Turner Friedman Morris & Cohan LLP)
Defendant
Experts
Plaintiff
Chester Semel
(medical)
Defendant
Leo A. Gordon
(medical)
Facts
On April 14, 1993, plaintiff Glenn Wein, a 27-year-old retail sales clerk, underwent a laparoscopic cholecystectomy with defendant John D. Martisciano, M.D. attending. During the course of the procedure the plaintiff's cystic duct became dislodged and was temporarily out of view. The defendant then re-clipped the cystic duct and placed a Jackson Pratt Tube before closing. The plaintiff was left in the hospital overnight for observation and was subsequently discharged home. The plaintiff then developed a bile leak in the days that followed resulting in bile periotonitis, a right lung pleural effusion with multiple post-operative hospitalization and a subsequent surgery. The plaintiff brought this action against the defendant based on medical negligence and malpractice theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $191,000. The defendant made a C.C.P. º998 offer of compromise for a waiver of costs, malicious prosecution and abuse of process.
Injuries
The plaintiff alleged a bile leak resulting in bile peritonitis, pleural effusion, prolonged hospitalization and subsequent surgery.
Other Information
The verdict was reached approximately ___ years and ___ months after the case was filed. A settlement conference / arbitration / mediation was held on ___/___/19____ before ___________________ (name) of _________________(affiliation/court) resulting in ___________________. The defendant's motion for costs is pending. EXPERT TESTIMONY: Any interesting expert testimony? Any interesting comments / infos on judge / arbitrator / mediator?
Deliberation
2 days
Poll
12-0
Length
2½ weeks
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