Recent Verdicts and Settlements (Continued from page 33)


Plaintiffs claimed that minor child’s inju- ries were␣ due to poorly managed cerebral edema and increased intracranial pressure.␣ Defendant claimed that child’s injuries were due to the initial motor␣ vehicle impact and ejection, and contended that the infarction injury on day␣ six was due to vasospasm.


Injuries/Damages: Left hemiplegia re- quiring minor plaintiff to wear brace on␣ left leg, and to wear helmet when play- ing at school.␣ Plaintiff suffered partial visual field loss in one eye, mild to mod- erate learning disability, and loss of decorum.


Plaintiff ’s Experts: Horace A. Norrell, Jr.,


M.D. (Neurosurgery), Sarasota, Florida; Leon I. Charash, M.D. (Pediatric Neu- rology), Hicksville, NY; ␣ Thomas J. Spicuzza, M.D. (Pediatric Neuro-rehabili- tation), Fishersville, Virginia.


Verdict/Settlement: Settlement one week before trial for $2.5 million.


Plaintiff ’s Counsel: Gerard E. Mitchell (MTLA member) Stein, Mitchell & Mezines, Washington, D.C.


________


Case Caption: Naomi Hargett v. Homer C. House, M.D. Health Claims Arbitration Office; HCA HCA No, 97-180


Facts: Over a ten-year period, the plain- tiff was operated on by the defendant


thirteen times, including a total wrist re- placement and later a total wrist fusion.␣ The initial surgery was performed on October 26, 1987, even though the plain- tiff was improving on conservative treatment under the care of her prior phy- sician and had negative x-rays and arthrogram for diastasis or other internal derangement.


Allegations of Liability: The initial sur- gery was unnecessary and without medical justification.␣ This led to thirteen other surgeries, including total wrist replace- ments (which failed) and wrist fusion.


Injuries/Damages:␣ total wrist fusion


Plaintiff ’s Expert(s): Dr. Gaylord Clark (Orthopedics) Baltimore County, MD


Verdict/Settlement:␣ Arbitration award of $1,376,632.28


Special Remarks:␣ There was a binding high-low arbitration with a $950,000 high and a $300,000 low.␣ Notwithstanding the binding arbitration, Princeton Insur- ance Company disclaimed coverage.␣ Four months later, the case was resolved for $1,376,632.28


Plaintiff ’s Counsel: Roger J. Bennett (MTLA member), Horn & Bennett, P.A., Baltimore, MD.


Slip and Fall


Pence Smith v. Stop, Shop & Save Circuit Court for Baltimore City No. 98023042/CC657


Facts: Plaintiff shopping at Stop, Shop & Save food market when she slipped on a liquid substance on the floor.


Subse-


quently, Plaintiff developed pain in both knees and lower back pain.


Allegations of Liability: The Defendant was negligent because it had two notices of the liquid on the floor. First, one of their employees caused the liquid to go on the floor while cleaning the deli case; Second, the Plaintiff ’s friend who was also shopping in the store alerted a store em- ployee to the existence of the liquid a few minutes before the plaintiff fell.


Injuries/Damages: Knee and low back pain. Arthroscopic procedures on both knees. Total medical bills of $21,163.86


34 Trial Reporter Fall 2000


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