Nancy Neal Malkuch v. Salvatore A. Danna, M.D.
Published: Aug. 23, 1997 | Result Date: Jul. 23, 1997 | Filing Date: Jan. 1, 1900 |Case number: VC021168 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Israel P. Chambi
(medical)
Steven Waldman
(medical)
Defendant
Michael A. Wienir M.D.
(medical)
Facts
On July 16, 1994, plaintiff Nancy Malkuch, a 39-year-old nursing student, presented to defendant Salvatore Danna, M.D., a neurologist, complaining of acute exacerbation of incoordination especially in the lower extremities, blurred vision, speech difficulties and difficulty with swallowing. The plaintiff denied any history of trauma and had a family history positive for multiple sclerosis. The defendant formed the impression that the plaintiff was probably suffering from multiple sclerosis. Approximately one year later, the plaintiff sought a second neurological opinion and was diagnosed with spinal stenosis. The plaintiff brought this action against the defendant based on medical malpractice theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $850,000. The defendant made no settlement offer.
Specials in Evidence
$150,000 ($23,000 out of pocket)
Injuries
The plaintiff underwent five spinal operations and continues to have spasticity and weakness in her lower extremities due to prolonged spinal compression.
Other Information
The verdict was reached approximately two years after the case was filed. A settlement conference was held on July 7, 1997 before Judge Birney of Norwalk Superior Court. It did not resolve the matter.
Deliberation
30 minutes
Poll
12-0
Length
5 days
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