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| Disposition:
(Settlement/Arbitration/Trial) |
Trial |
Date: |
8/1/1993 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Scarring |
Result: |
$160,000 + $6,000 in costs |
Case Name: |
Long v. Ervin Wheeler, M.D. |
Facts: |
At
the age of 27, plaintiff Michael Long, a student,
presented to defendant Ervin Wheeler, M.D.
to consider potential treatment options in
regard to his male pattern baldness. After
a series of discussions, Mr. Long consented
to undergo the implementation of tissue expanders
followed by bilateral "Jury" flaps. This procedure
involves balloon-type devices that are inserted
under the hair-bearing scalp and filled with
saline solution over a period of time, thereby
"expanding" the scalp. Once the hair-bearing
tissue has been expanded, flaps running the
length of the head on both sides are cut and
then transposed across the top of the scalp
in the non-hairbearing area. The donor sites
are then closed.
Between August 8, 1989, and April 11, 1989,
Mr. Long underwent approximately 10 surgical
procedures at Dr. Wheeler's office. Following
the original flap procedures, vascular compromise
ensued resulting in tissue necrosis which
has resulted in significant scarring. The
defendant undertook multiple "scar revision"
procedures wherein areas of scars were removed
and the tissue then closed.
Mr. Long left Dr. Wheeler's care at the end of July 1991. At that time he had significant scarring and pain.
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| Injury/Injuries: |
Permanent scarring and deformities.
Pain and depression.
Mr. Long has not allowed anyone, aside from his doctors and lawyers to see his scalp. He wears a cap or bandana at all times.
Future medicals: $16,000-$32,00 (disputed)
Past Lost Income: $25,000-$35,000 (disputed)
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| Contentions: |
Plaintiff contended that defendant was negligent in his care and treatment of him and that Dr. Wheeler failed to obtain informed consent from plaintiff in regard to the care and treatment.
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| Special Notes: |
The jury
found (9-3) that there was no negligence
in performing the procedure, but that
the doctor did not adequately notify Mr.
Long of the risks and possible outcome
of the procedure and of the doctor's prior
experience in performing this type of
procedure (10-2).
Prior to trial the defendant offered $20,000,
which was later raised to $50,000. The
defendant lowered the offer to $29,000
at trial.
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