Hanna Pellegrino, Timothy Pellegrino v. Michael Van Buskirk, Scripps Clinic Medical Group
Published: Jul. 26, 2001 | Result Date: Apr. 27, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIN002742 Verdict – $126,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Barton H. Hegeler
(Hegeler & Anderson APC)
Storm P. Anderson
(Hegeler & Anderson APC)
Experts
Plaintiff
Howard Glazer
(technical)
Jack C. Fisher
(medical)
William A. Frumovitz
(medical)
Defendant
David L. Braff
(medical)
Homer G. Chin
(medical)
John Willems
(medical)
Wendell Smoot
(medical)
Facts
On Feb. 10, 1999, plaintiff Hanna Pellegrino, a 21-year-old homemaker, was being treated by defendant Dr.
Michael Van Buskirk, a family practitioner, for human papiallomavirus (HPV). At the conclusion of the
treatment, Dr. Van Buskirk applied what he believed to be a five percent solution of acetic acid to her vulvar
tissue for final diagnosis purposes. The nurse instead handed him 80 percent acid, and the plaintiff was
chemically burned from the application.
Liability was admitted. Causation and damages were in dispute.
Settlement Discussions
The plaintiffs demanded $250,000 as to Hanna Pellegrino and $250,000 as to Timothy Pellegrino prior to discovery. At trial, the plaintiffs demanded maximum general damages and an estimated $300,000 in future medical and psychological damages. The defendants offered $125,000.
Specials in Evidence
$5,000 $130,000
Injuries
Hanna Pellegrino claimed second degree chemical burns to her vulvar tissue. Treatment included biofeedback therapy, dilator therapy, estrogen replacement therapy, psychological counseling and future psychological counseling. Residuals include continued pain to the point that intercourse is impossible and emotional distress. Timothy Pellegrino claimed loss of consortium. The defendants offered $125,000 prior to trial.
Poll
12-0 (as to Hanna Pellegrino), 10-2 (as to Timothy Pellegrino)
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