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| Jason Peffer, A Minor, by and through his Natural Mother and Next Friend, Lynne Peffer, et al. v. Cl[CV 03 496855] |
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| Court:Cuyahoga County Court of Common Pleas |
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| Judge:Nancy M. Russo |
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| Date of Trial:June 6, 2007 to June 21, 2007 |
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| Facts: | | Plaintiffs alleged that Defendants failed to timely diagnose and treat an 11-month old, male infant who contracted potential Herpes Simplex Encephalitis, a viral infection that causes severe brain injury and death. Plaintiffs correspondingly alleged that, as a result of the delay in diagnosing and treating the herpes encephalitis, the male child, who was 9-years old at the time of trial, suffered severe damage to temporal lobes of the brain, severe and permanent learning deficits, uncontrolled behavior, and the resulting need for institutional education and care. |
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| Injury/Damages:Plaintiffs’ alleged damages included severe and permanent brain injury, life-long learning deficits and uncontrolled behavior, and the resulting need for institutional education and care. Plaintiffs’ life-care planner and economic experts set forth various educational and support plans that called for present value payment ranging between $5.1 - $13.2 million, depending on the nature of the institutional setting. |
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Non-medical Experts: Lawrence S. Foreman, Life Planner
James E. Zinser, Ph.D., Economist
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Medical Experts:H. Gerry Taylor, Ph.D., Behavioral Pediatrics and Psychology
Duane MacGregor, M.D., Pediatric Neurology
Patrick Barnes, M.D., Pediatric Neuroradiology
Stephen Pelton, M.D., Pediatric Infectious Diseases
Loralee Marsh, M.D., Psychiatry
 Robert A. Zimmerman, M.D., Pediatric Neuroradiolgy
Martin B. Kleiman, M.D., Pediatric Infectious Diseases
David K. Urion, M.D., Pediatric Neurology
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| Lowest Demand:$12,000,000 |
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| Highest Offer:$16,000,000 |
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| Jury Verdict:Defense Verdict |
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| Percent of Comparative Negligence:N/A |
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| Net Award:$0.00 |
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| Plaintiff's Attorney:Michael Becker, Esq.
Becker & Mishkind, Co. LPA
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| Defendant's Attorney:Joseph A. Farchione, Jr. and David W. Skall
Sutter, O’Connell & Farchione
Attorneys for Defendants, K.V. Gopalakrishna, M.D., and Infectious Disease Consultants, Inc.
John V. Jackson, III and David H. Hudak
Sutter, O’Connell & Farchione
Attorneys for Defendant, Cleveland Clinic Foundation
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