Mary Hansen, Peder Hansen v. Michael Haneline
Published: Aug. 16, 2001 | Result Date: Jun. 8, 2001 | Filing Date: Jan. 1, 1900 |Case number: EC019580 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Facts
In 1996, the wife-plaintiff, a 46-year-old college graduate and former legal secretary, treated with defendant,
Michael T. Haneline, with complaints of headaches, as well as neck, back and knee pain. After x-rays were
obtained, the wife-plaintiff was seen ten times over a three-month period ending in September 1996.
In January 1999, the wife-plaintiff returned to the defendant, complaining of neck pain and headaches after
lifting bags a few days earlier. Following a range of motion test and a limited orthopedic examination, the
defendant performed an adjustment to the wife-plaintiffÆs C2-3, including a 45 degree rotation and slight
flexion of the neck, followed by a high velocity low amplitude thrust. The wife-plaintiff reported that this
relieved her symptoms.
Several hours later, however, the wife-plaintiff claims she experienced symptoms similar to Transient Ischemic
Attack (TIA), which was never reported in subsequent medical records. Two days later, while out of town with
her husband, she again experienced these symptoms, as observed by her husband. In response to her
symptoms, he put her in bed and prayed over her. She claimed her symptoms then ended in around five to
fifteen minutes.
The wife-plaintiff experienced the same symptoms again two days later and called her husband, who returned
home and found her on the bedroom floor. He assisted her to the bathroom and then placed her in bed, where
he watched her for twenty minutes, and, when the symptoms did not subside, he called their physician.
The nurse told him the wife-plaintiff had probably suffered a stroke and to call 911, which he did.
The wife-plaintiff was diagnosed as having had a stroke stemming from occlusion of the right internal carotid
artery.
Settlement Discussions
The plaintiffs demanded $399,999 and the defendants made no offer.
Injuries
The wife-plaintiff suffered permanent neurologic damage, leaving her with slurred speech, left-sided visual neglect and left hemiparesis. The husband-plaintiff made a claim for loss of consortium.
Other Information
The plaintiff asked the jury to award over $3 million in compensatory damages in addition to compensation for her pain and suffering.
Deliberation
6.5 hours
Poll
11-1 (no negligence)
Length
six days
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