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| Disposition:
(Settlement/Arbitration/Trial) |
Trial |
Date: |
5/9/2002 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Surgeon removed wrong rib, second surgery required |
Result: |
$1,024,614 |
Case Name: |
Fuentes v. Sharp Rees-Stealy Medical Group, Inc., Julian Brittain Litchford, M.D. |
Facts: |
On August 31, 2000, plaintiff Juan Fuentes, Jr., a 32-year-old electrician, underwent surgery for removal of his 8th rib on the right, along with portions of the 7th and 9th rib, so as to remove a cancerous tumor. Defendant Julian Brittain Litchford, M.D., performed the surgery. During the surgery, the 7th rib was removed in its entirety, along with portions of the 8th and 6th rib. The tumor was not completely removed, but was bisected during the surgery. On Sept. 7, the plaintiff underwent a second surgery for removal of the correct rib.
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| Injury/Injuries: |
Plaintiff Fuentes claimed that he had continued pain in his right arm with cramping that extends from the shoulder down to the flank. He further claimed that his lung capacity has not improved or returned to normal. He claimed that he suffered residuals such as insomnia, anxiety, depression, lack of confidence and mood swings, which have all been attributed to post-traumatic stress disorder related to the surgeries and their sequelae. He also maintained he has chronic neuropathic pain in his right chest, shoulder and back that require pain medication. He asserted that after the second surgery, he was unable to return to part-time work until March 2001, and was not released to work full-time until July/Aug for "light duty only." Past medical expenses claimed: $4,000; Future medical expenses claimed: $577,000; Past loss earnings: $6,614. Plaintiff's wife, Rebecca Fuentes, filed a claim for loss of consortium.
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| Contentions: |
Plaintiffs contended that defendant physician fell below the standard of care when he negligently performed the first surgery by totally removing a rib that was not consented to, necessitating a second surgery a week later to remove the correct one. The defendants, who admitted liability as to the issue of negligence, contested both causation and damages.
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| Special Notes: |
The jury
returned an award of $1,024,614. The verdict
was reduced to $431,614 per MICRA and
the plaintiffs agreed to settle the matter
for $460,000 in exchange for a satisfaction
of judgment. Settlement demand: $297,450;
Settlement offer: $150,000. 7-day trial,
2-day jury deliberations.
< back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com
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