impaction and cured the gastrointestinal obstruction. Thus, a timely surgical con- sultation certainly would have saves the patient’s life.
Injuries/Damages: Medical & Funeral expenses $28,790.14; Mother’s grief and loss of solatium; Decedent’s pain and suf- fering.
Plaintiff’s Expert(s): Howard Bauchner, M.D. (Pediatrician) Washington, DC; G. Richard Braen, M.D. (Emergency Medi- cine) Buffalo, NY
Defense Expert(s): Robert J. Rothstein, M.D. (Emergency Medicine) Bethesda, MD; Mark Smith, M.D. (Emergency Medicine) Washington, DC; William D. Goldman, M.D. (Pediatrics) Arlington, VA; Marc S. Krenytzky, M.D., (Pediat- rics) Manassas, VA
Verdict/Settlement: $550,000.00
Plaintiff’s Counsel: Gerard E. Mitchell (MTLA member) Stein, Mitchell & Mezines, Washington, DC; Laurie Amell (MTLA member) Stein, Mitchell & Mezines, Washington, DC
________
Normal Imogene Reed, as personal representative of the Estate of Kenneth D. Reed v. Madhu K. Mohan, M.D., et al. Circuit Court for Prince George’s County No. CAL00-03382
Facts: Survival Action.
Plaintiff ’s dece-
dent was followed by defendants for diabetes. He reported symptoms consis- tent with transient ischemic attacks, which are considered a precursor to a full- blown stroke. Defendants failed to make appropriate referral and failed to order vi- sualization of the patient’s carotids. Patient then suffered a full-blown stroke that left him with a substantial disability until his death four years later from unre- lated causes.
Allegations of Liability: Standard of Care required referral to neurologist or emer- gency room.
Injuries/Damages: Stroke with residual left-sided weakness. Only $2,500 in spe- cials (rehabilitation).
Plaintiff ’s Expert(s): Adrian Schnall, M.D. (Endocrinology) Cleveland, OH; Peter G. Bernard, M.D. (Neurology) Washington, DC
Defense Expert(s): Michael Batipps, M.D. (Neurology); Christopher Saudek, M.D. (Diabetes) Baltimore, MD; Michael Em- mer, M.D. (Endocrinology) Bethesda, MD
Verdict/Settlement: Jury verdict for $402,505.00 after four-day trial.
Insurance Company: Medical Mutual
Special Remarks: Defendants had denied under oath that the nurse to whom the patient had reported his symptoms had made defendants aware of those symp- toms. The nurse was located a week before the trial and gave a de bene esse deposi- tion in which she insisted that she had made defendants aware of the symptoms because they obviously were significant. Dr. Emmer’s deposition hurt defendants badly. Defendants did not call him at trial, but the court allowed plaintiff to use the deposition as rebuttal.
Plaintiff ’s Counsel: David M. Kopstein (MTLA member) Dross, Levenstein, Perilman & Kopstein, Seabrook, MD; Martin H. Freeman, Freeman & Freeman, Rockville, MD
Defense Counsel: Robert J. Farley, Wharton, Levin, et al.
Product Liability
Anonymous Plaintiffs v. Anonymous Defendant Building Supply Circuit Court for Montgomery County
Facts: The plaintiff’s family went to the defendant building supply company for the purpose of buying a rope.
leged that the plaintiff’s family explained (Continued on page 56)
It is al-
A Special THANK YOU...
to Jack H. Olender, who graciously donated over (1000) depositions to MTLA’s deposition bank. and
to Robert Jenner, Bruce Plaxen, David Albright, Elizabeth Frey, David Kopstein, Wayne Willoughby, David Harak, Steven Brotman, Anne Gbenjo, Yale
Spector, Kevin Goldberg, Dolores Dorsainvil & Kristen Milardo for participating in the MTLA/ATLA document phonathon. This phonathon produced hundreds of valuable documents for MTLA’s document bank. Kudos to all those who donated documents!
Summer 2002 Trial Reporter 55
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