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Date: 07-28-2000
Case Style: Sandra J. Means, et al. v. Frank S. Letcher, M.D.
Case Number: 99-cv-513
Judge: Thomas R. Brett
Court: United States District Court for the Northern District of Oklahoma
Plaintiff's Attorney: Emmanuel E. Edem of Norman Edem McNaughton & Wallace, Oklahoma City, Oklahoma and Richard D. Marrs Bart A. Chancellor of Stauffer Rainey Gudgel & Hathcoat, Tulsa, Oklahoma
Defendant's Attorney: Jon D. Starr and William A. Fiasco of Atkinson Haskins Nellis Holeman Phipps and Gladd, tulsa, Oklahoma
Description: Diversity of Citizenship - Medical Malpractice
Federal jurisdiction was invoked upon the ground: of Diversity Jurisdiction, 28 U.S.C. §1332(a)(1), as the matter in controversy exceeded the sum of $75,000, excluding interests and costs, and is between citizens of different states.
The following facts were admitted, and required no proof: Frank S. Letcher, M.D., undertook for compensation at Hillcrest Medical Center the medical care and treatment of Mrs. Sandra Means. Dr. Letcher attempted stereotactic biopsy on Mrs. Means in an attempt to diagnose brain lesions. During the performance of the biopsy, Mrs. Means developed a bleed in her brain. Mrs. Means suffered injuries as a result of the biopsy. Mrs. Means was subsequently been diagnosed with multiple sclerosis. At all material times, Nevin Means was the lawful husband of Sandra J. Means.
Mrs. Means developed neurological symptoms after the death of her father and was referred to Dr. Letcher who recommended a stereotactic biopsy within 24 hours. As a result of the procedure, Plaintiffs claimed that Mrs. Means became partially paralyzed on the left side (the biopsy was on the right side of her brain).
Dr. Letcher did not disputed that plaintiff's right-sided intracerebral hematoma created dense hemiparesis on the left side of her body. Dr. Letcher claimed that some of the cognitive symptoms she was complaining of after this bleed occurred might be related to her MS as opposed to the bleed.
Outcome: Plaintiff's verdict in the amount of $500,000.
Plaintiff's Experts: Dr. Barry Hendin, Phoenix, Arizona, neurologist and Dr. Clark Watts, Austin, Texas, neurosurgeon.
Defendant's Experts: Dr. Paul Francel, Oklahoma City, Oklahoma, neurosurgeon.
Comments: A settlement conference was ordered by the court. Defendant sought to have the settlement conference struck but the motion was overruled. The demand made by the plaintiffs was apparently $3 million. No settlement offer was made by the defendant.
In closing arguments, Plaintiffs' counsel mentioned $10 million as a possible verdict but denied that the asked the jury for that sum and left it to their discretion. The Tulsa World reported that the plaintiffs ask for $10 million but Plaintiffs' counsel denied that he did so but only mentioned $10 million as a resonable number. The jury deliberated for two days before reaching the unanimous verdict.
Judge Brett sustained Defendant's motion for new trial on December 11, 2000 because of the admission of improper expert witness testimony. Reported by Kent Morlan