Facts

Vikki Arellano filed suit against Dr. John Polito in relation to treatment she received.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on Dec. 12, 2008 she received an intra-muscular injection of Depo-Provera, a contraceptive, but the correct sterile techniques were not followed. Plaintiff developed pain, which caused her to go to the emergency room of a local hospital. Defendant Dr. Polito diagnosed her with an infection and provided an antibiotic and sling.

On December 28, plaintiff returned to the ER and was admitted for treatment of an abscess in her left shoulder. Incision and drainage was performed. Three weeks later, she was re-admitted with wound dehiscence with brown pus coming from a fistula and had a second procedure. Plaintiff alleged Dr. Polito's medical assistant negligently administered the injection, causing a staph infection.

DEFENDANT'S CONTENTIONS:
Defendant argued that the standard of care was followed, such as disinfecting the injection site with alcohol, and that the introduction of bacteria was a known problem with injections of this kind.

Settlement Discussions

Plaintiff demanded $29,500 under CCP Section 998 and defendant offered to waive costs.

Injuries

Plaintiff suffered debridement, fistula, injection, necrosis, and staph infection.

Result

The jury's award granted plaintiff $180,000.

Other Information

FILING DATE: Feb. 19, 2010.

Length

six days