Louise Waterman v. Lawrence Saks
Published: Jul. 19, 2001 | Result Date: May 21, 2001 | Filing Date: Jan. 1, 1900 |Case number: NC003298 Verdict – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Jack M. Schuler
(Schuler & Brown)
Defendant
Gregory M. Hulbert
(Hulbert & Hulbert)
Experts
Plaintiff
John M. Shamoun M.D.
(medical)
Defendant
W. Grant Grant Stevens
(medical)
Facts
In August 1988, the plaintiff, age 52, was referred to the defendant for cosmetic surgery. The plaintiff presented
with a long history of breathing difficulties secondary to prior nasal trauma, allergies and sinus infections.
In September 1990, Dr. Saks performed both a septoplasty and internal nasal reconstruction, a functional
surgery calculated to improve the plaintiffÆs breathing, and a cosmetic rhinoplasty to improve the appearance of
her nose.
After the operation, as the swelling decreased, it became apparent that the nasal bones had collapsed and the
surgery would be unsuccessful both cosmetically and functionally.
About five weeks after the operation, the plaintiff developed a foul odor and discharge
from her nose, which was determined to be from surgical packing that was inadvertently left in
her nasal cavity during surgery. Dr. Saks removed the packing material and the plaintiff ended
the patient-doctor relationship after a few visits.
Settlement Discussions
The plaintiff demanded $325,000. The defendant offered $100,000 while the case was previously on appeal, reduced to $50,000 after the appeal. That offer was withdrawn at the commencement of trial.
Other Information
The plaintiff initially received a default judgment for $290,000 against the defendant when his prior counsel failed to appear at a scheduled hearing. That judgment was set aside then reinstated. An appeal from that reinstatement led to this trial after 11 years of litigation.
Deliberation
1.5 hours
Poll
12-0
Length
five days
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