Thorsnes Bartolotta and McGuire San Diego San Diego and Arizona's Consumer Law Firm
Doe v. Doe, M.D. Brain Aneurysm

A $950,000.00 settlement in a medical malpractice case involving standard of care issues after an MRI showing an brain aneurysm was overlooked by Dr. Doe. Had the aneurysm not been overlooked it could have been removed 8 months before it ultimately ruptured. Lead attorney was partner Kevin Quinn with former associate Eric Seiken.

Plaintiff's Medical Expert Witnesses: John R. Hesselink, M.D., Franklin G. Moser, M.D., Martin Cooper, M.D.

Defendant's Medical Expert Witnesses:Lawrence Bogle, M.D., Thomas Waltz, M.D.

Defendant Insurance: CNA

Date, Time and Place of Incident(s): October 2, 2000 PLACE: San Diego, California

Facts and Background:  
Plaintiff, Jane DOE underwent an MRI of the brain for complaint of headaches on December 14, 1999, which was read by defendant DOE, M.D. as normal. A follow-up MRI was performed on August 18, 2000, which was read again by defendant DOE, M.D. This MRI revealed the presence of an aneurysm. While being evaluated for surgical removal of the aneurysm, the aneurysm ruptured, leaving Jane DOE with serious and permanent physical and cognitive disabilities.

Plaintiff's Contentions, Allegations:
Plaintiff alleged the December 14, 1999 MRI revealed the presence of an aneurysm which was missed by defendant DOE, M.D. Had the aneurysm been seen at this time, surgical removal would have occurred eight months before the aneurysm ultimately ruptured.

Injuries and/or Damages:
Left sided paralysis and visual disturbances; cognitive deficits, including memory loss, compromised decision making skills; inability to work.

Defense:
Defendant contended no breach of standard of care and no causation.

Specials: PAST MEDICAL: $ 200,000.00, FUTURE MEDICAL: $2,000,000.00, LOST EARNINGS: $ 800,000.00

Settlement Amounts:
Defendant DOE, M.D. maintained insurance policy of $1,000,000.00. Case settled for $950,000.00 after a 1/2 day mediation before Judge Alice Sullivan (Ret.)

Verdict or Award:
Economic, $2,750,000 Noneconomic , $1,250,000 reduced to $250,000 under MICRA , Future Economic Value, Approximately $20,000,000.00 medical and wage loss

Other Verdict Details:
January 21, 1998. Defendant negligence , Desert hospital , 35 percent Dr. Donaldson , 35 percent

Length of Trial:
21 Days

Jury:
3.5 day deliberation

Attorney for client: Partner Kevin Quinn with former associate Eric Seiken

Attorney for defendant: Mark Brandon, Grace, Brandon, Hollis, LLP


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