Expanded Case Information
Every case is unique. Please use the following as an example of the range of cases we handle, and the results achieved. Any result achieved on behalf of one client in one matter does not necessarily indicate that similar results can be obtained for other clients.We think the best way to evaluate success at trial is whether the verdict is greater than the settlement offer.
| SMITH v. BEAVERTON MEDICAL CLINIC & COLLINS,
M.D. 96 Or.Lit.Arb.Rpts. 319, ... SMITH v. BEAVERTON MEDICAL CLINIC & ... COLLINS, M.D. *850 TITLE: ... SMITH v. BEAVERTON MEDICAL CLINIC & ... COLLINS, M.D. |
|
Docket Number: |
9508-05736 |
| Source: |
Oregon Circuit Court |
| State: |
Multnomah County, Oregon |
| Topic: |
Medical Malpractice - Admitted Liability |
| Injuries: |
HYSTERECTOMY; STERILITY
Failure to conceive; extensive adhesions requiring hysterectomy. Pain. |
| Specials: |
Med. $30,957.02; Lost Wages - none; Days in Hosp. - 3-5 days. |
| Settlement: |
Demand: $200,000 (would have settled for $180,000). Plff
asked jury for reasonable amount not to exceed $30,957 economic; $600,000
noneconomic Plff Audrey; $250,000 noneconomic Plff Dean. Offer: $50,000
total. Def. asked jury for $15,000 approx. plus reasonable noneconomic damages.
Hon. Kristena La Mar: no range for settlement. Insurance Co.: CNA RANGE AMOUNT: $500,000-999,999 |
| Result: |
PLAINTIFF VERDICT for $555,957.02. (Verdict included $30,957.02 medicals; $400,000 Plff Audrey; $125,000 Plff Dean. Case settled for $450,000 after verdict.) |
Range: |
$500,000-999,999 |
| Plaintiff Attorney: |
Stephen C. Hendricks (Portland) |
Plaintiff Experts: |
Medical: Michael Burgess MD (OB/GYN); Steven Overn MD (Family Practice) both McKinney TX, by video conference/videotape |
| Defendant Attorney: |
David K. Miller of Hoffman Hart & Wagner (Portland) |
Defendant Experts: |
Medical: Mark Nichols MD (OB/GYN) Portland |
Trial Judge: |
Hon. Nely L. Johnson |
Mediator: |
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Text: |
Plffs; male and female ages 31, GTE employee/homemaker. Plff Audrey had a tubal ligation after two sons at age 23. She remarried, and the couple desired a reversal. The doctor explained the couple had an approximate 80% chance of success. Plffs contended that during the operation a 12"' by 15"' plastic drape was placed under the uterus to elevate it and then forgotten and left behind. The couple did not conceive, and Plff had increasing difficulty and pain. The drape was discovered in March 1995 by a Texas treating doctor (the couple moved). She had a hysterectomy in September 1995 which the treating doctor attributed to pain caused by the extensive adhesions caused by the drape. Def. contended the pain was from other causes so hysterectomy not part of damage; failure to conceive was always a risk. |
End: |
Oregon Litigation and Arbitration Reports, November, 1996 |
Update: |
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“Securing fair
compensation for
catastrophic injuries
or death is what we
do for you, using 35
years of experience
fighting insurance
companies.”
-Stephen C. Hendricks
Attorney At Law
compensation for
catastrophic injuries
or death is what we
do for you, using 35
years of experience
fighting insurance
companies.”
-Stephen C. Hendricks
Attorney At Law