Trials

| Trial Attorney: | Michael A. O'Flaherty |
| Case No: | SC097212 |
| Court: | Los Angeles Superior Court - Santa Monica, Department J |
| Date: | 10/6/09 - 10/16/09 |
| Summary: | 22-year-old, patient who sustained a bimalleolar ankle fracture when she attempted to get out of bed and allegedly became entangled in her IV line resulting in a fall to the floor. Plaintiff alleged she was negligently left unattended, following vaginal delivery, in a bed, without upper rails and the lower rails in the down position, while still numb from epidural administered during labor and delivery and under the influence of Percocet |
| Demand: | C.C.P. §998 $150,000.00 |
| Offer: | C.C.P. §998 for waiver of costs, attorneys fees, and malicious prosecution. |
| Verdict: | 10-2 Defense Verdict |
| Pamela A. Benben | |
| Case No: | KC053649 O |
| Court: | Los Angeles Superior Court - Pomona, Department O |
| Date: | 8/12/09 - 8/18/09 |
| Summary: | Alleged negligent circumcision of a 24-day-old infant (excessive removal of penile shaft skin) leading to pain with any tension on skin, bladder spasm and, pain with urination. Plaintiff claimed future disfigurement with on-going pain and suffering. It was separately alleged physician failed to provide proper informed consent. |
| Demand: | $225,000.00 |
| Offer: | C.C.P. §998 for a waiver of costs and any potential claim for malicious prosecution. |
| Verdict: | Unanimous Defense Verdict |
| Trial Attorney: | Michael A. O'Flaherty |
| Case No: | LC080753 |
| Court: | Los Angeles Superior Court - Van Nuys, Department Y |
| Date: | 6/19/09 - 6/26/09 |
| Summary: | 28-year-old, man admitted to hospital with appendicitis. Following surgical removal of appendix he became hypotensive, had blood oxygen desaturation, required re-intubation and became combative requiring the application of soft restraints. At trial, plaintiff alleged medical negligence stemming from a laceration he sustained during his hospitalization under his left upper arm and post-operative complication. Plaintiff's theory was one of res ipsa loquitor i.e., "the facts of the case are self-evident," absent hospital negligence no laceration or complications could have occurred. |
| Demand: | C.C.P. § 998 of $99,999.99 |
| Offer: | None |
| Verdict: | Defense Verdict |
Trial Attorney: |
Michael A. O’Flaherty |
Case No: |
BC 387635 |
Court: |
Los Angeles Superior Court – Downtown Central, Department 58 |
Date: |
Started 4/10/09 |
Judge: |
Rolph M. Treu |
Length of Trial: |
5 days |
Summary: |
Alleged 64-year-old, banker sustained subdural hematoma from fall in the hospital bathroom while being assisted by a nurse. The patient became comatose following craniotomy and evacuation of hematoma. Life support was discontinued by his 44-year-old wife, resulting in death. |
Demand: |
C.C.P. §998 of $250,000 |
Offer: |
C.C.P. §998 for a waiver of costs |
Verdict: |
Defense Verdict |
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|---|---|
Trial Attorney: |
Michael A. O’Flaherty |
Case No: |
NC 042 286 |
Court: |
San Pedro Superior Court, Department 88-C |
Date: |
3/17/09 |
Judge: |
Roy Paul |
Length of Trial: |
13 days |
Summary: |
Alleged medical negligence and wrongful death of 51-year-old, father of three, from failure to timely obtain a surgical consult for acute abdomen stemming from ischemic bowel. |
Demand: |
None |
Offer: |
None |
Verdict: |
Defense verdict |
|
|
Trial Attorney: |
Stephen C. Fraser |
Plaintiff’s Counsel |
Thomas Tosdal & Nick Mostert |
Case No: |
BC 375438 |
Court: |
Los Angeles Superior Court – Downtown Central, Department 53 |
Date: |
12/8/08 |
Judge: |
Rolph M. Treu |
Length of Trial: |
11 days |
Summary: |
Premises liability. 56-year-old, salt delivery man, suffered cervical spine injury requiring C5-C6 fusion subsequent to falling in uncovered manhole in hospital’s power plant area. |
Demand: |
C.C.P. §998 of $1,300,000 |
Offer: |
Received case 10 days prior to trial – No prior offer |
Verdict: |
$252,000 - net |
|
|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Kenneth Sigelman & Penelope Phillips |
Case No: |
KC 042825 |
Court: |
Pomona Superior transferred to Los Angeles Superior Court – Downtown Central for long cause |
Date: |
10/14/08 |
Judge: |
Victor Chavez |
Length of Trial: |
21 days |
Summary: |
31-year-old woman suffered anoxic brain injury due to an alleged medication overdose by nursing. |
Demand: |
$30 million reduced to $1,500,000 during trial. Settlements prior to trial of $3 million + with work comp carrier, $800,000 with codefendant physician and $1,970,377 with products manufacturer |
Offer: |
$500,000 |
Verdict: |
$16,331,024 |
|
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Trial Attorney: |
Stephen C. Fraser |
Plaintiff’s Counsel |
Terrance Steinhart & Tonisito Umali |
Case No: |
CIV 246582 |
Court: |
Ventura Superior Court, Department 42 |
Date: |
2008 |
Judge: |
Henry J. Walsh |
Length of Trial: |
10 days |
Summary: |
19-year-old, male, admitted to psychiatric unit for treatment of depression and suicidal ideation. He attempted suicide by tying clothes together and hanging from bathroom door, resulting in hypoxic brain injury and permanent persistent vegetative state |
Demand: |
$2,500,000 |
Offer: |
Waiver of costs for dismissal |
Verdict: |
Defense Verdict |
|
|
Trial Attorney: |
Craig R. Donahue |
Plaintiff’s Counsel |
Gary Gelfand and Ray Feinberg |
Case No: |
TC 018871 |
Court: |
Binding Arbitration |
Date: |
7/30/08 |
Judge: |
Robert Letteau |
Length of Trial: |
3 days |
Summary: |
Alleged medical negligence and wrongful death of a man who underwent cervical discogram as an outpatient, was discharge home where he suffered respiratory distress apparently from transected vertebral artery sustained during discogram. |
Demand: |
C.C.P. §998 of $249,999 |
Offer: |
None |
Verdict: |
$132,707 net |
|
|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
S. Kevin Steinberg & Kamelia Yadegari |
Case No: |
TC 019689 |
Court: |
Norwalk Superior Court |
Date: |
3/20/08 |
Judge: |
Thomas I. McKnew, Jr. |
Length of Trial: |
7 days |
Summary: |
60-year-old, in skilled nursing facility on IV antibiotics for MRSA and on fall precautions due to medications and instability, got out of bed and fell sustaining subdural hematoma resulting in death |
Demand: |
$999,999 |
Offer: |
None |
Verdict: |
At end of plaintiff’s case, plaintiff dismissed action |
|
|
Trial Attorney: |
Stephen C. Fraser |
Plaintiff’s Counsel |
Moses Lebovits & Michael Plonsker |
Case No: |
BC 321091 |
Court: |
Glendale Superior Court, Department E |
Date: |
2008 |
Judge: |
Laura A. Matz |
Length of Trial: |
25 days |
Summary: |
Alleged professional negligence resulting in wrongful death of 54-year-old, famous male actor/comedian from failure to timely diagnose and treat enlarged aorta producing an ascending aortic dissection and death prior to commencement of emergency surgery. Alleged loss of potential earnings of $80 million |
Demand: |
$2,000,000 Policy Limits. Prior to trial plaintiff received $12,000,000 in settlements from other defendants |
Offer: |
Waiver of costs for dismissal |
Verdict: |
Defense Verdict |
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|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Marshall Silberberg & Tobin Trobough |
Case No: |
BC 349994 |
Court: |
Los Angeles Superior Court – Downtown Central |
Date: |
1/22/08 |
Judge: |
Tricia A. Bigelow |
Length of Trial: |
10 days |
Summary: |
Alleged professional negligence when patient developed hypotension from hemorrhage into her pericardium following patent foramen ovale repair. Patient underwent pericardiocentesis, CPR and re-exploration to repair bleed. |
Demand: |
None |
Offer: |
None |
Verdict: |
Defense Verdict |
|
|
Trial Attorney: |
Craig R. Donahue |
Plaintiff’s Counsel |
Leah Saffian |
Case No: |
GC 036663 |
Court: |
Pasadena Superior Court |
Date: |
1/8/08 |
Judge: |
C. Edward Simpson |
Length of Trial: |
8 days |
Summary: |
Alleged medical negligence in the performance of laparoscopic hysterectomy, resulting in three additional surgeries for: repair of transected bowel; drainage of subphrenic abscess and adhesion take-down. Patient missed 6 months of work |
Demand: |
C.C.P. §998 of $174,936 |
Offer: |
C.C.P. §998 for a waiver of costs |
Verdict: |
Defense Verdict |
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|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Jeffrey Milman |
Case No: |
VC 046949 |
Court: |
Norwalk Superior Court |
Date: |
12/12/07 |
Judge: |
Robert J. Higa |
Length of Trial: |
8 days |
Summary: |
Patient admitted to hospital for conservative care subsequent to fall at home resulting in fractured pelvis. While in hospital transitional care unit, patient fell again sustaining fractured hip |
Demand: |
C.C.P. §998s of $149,999 to patient & $49,999 to wife |
Offer: |
None |
Verdict: |
Defense Verdict |
|
|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Daniel Powell |
Case No: |
VC 046798 |
Court: |
Norwalk Superior Court |
Date: |
11/14/07 |
Judge: |
William J. Birney, Jr. |
Length of Trial: |
9 days |
Summary: |
Status post cervical diskectomy and fusion, patient suffered hematoma impeding his breathing and swallowing, requiring emergent tracheostomy. Surgical site became infected requiring removal of Titanium plate, IV antibiotics and one year off work |
Demand: |
$250,000 |
Offer: |
None |
Verdict: |
Defense Verdict |
|
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Trial Attorney: |
Pamela A. Benben |
Plaintiff’s Counsel |
J. Scott Humphrey |
Case No: |
SC 089631 |
Court: |
Transferred to Beverly Hills Superior Court |
Date: |
10/22/07 |
Judge: |
Leslie Hart Cole |
Length of Trial: |
7 days |
Summary: |
Patient had central catheter removed due to infection. Apparently hub remnant dislodged and was retained by patient. 5 years later remnant caused infection requiring surgical removal. |
Demand: |
$150,000 |
Offer: |
$10,000 – admitted liability, tried on damages |
Verdict: |
$32,000 |
|
|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Christa Haggai & Payam Tavakoli |
Case No: |
LC 074460 |
Court: |
Los Angeles Superior Court – Downtown Central |
Date: |
9/25/07 |
Judge: |
Richard Wolfe |
Length of Trial: |
5 days |
Summary: |
3-month old, presented to emergency room with complaints of fever, congestion and cough. Multiple attempts made to establish IV access for blood draw failed. Ultimately nursing utilized high-power light to better visualize vascularity resulting in significant burn to the child’s left palm |
Demand: |
C.C.P. §998 of $40,000 |
Offer: |
C.C.P. §998 of $10,000 – consent issues |
Verdict: |
$45,000 |
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Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Nathaniel Friedman |
Case No: |
BC 344398 |
Court: |
Los Angeles Superior Court – Downtown Central |
Date: |
5/14/07 |
Judge: |
Rex Heeseman |
Length of Trial: |
12 days |
Summary: |
Alleged negligent prenatal care resulting in premature (25 weeks+ gestation) delivery of twin pregnancy and permanent various injuries to the newborns. |
Demand: |
Various, but never under $3,000,000 |
Offer: |
None |
Verdict: |
Defense Verdict |
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Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Michael Moran & Lisa Trinh Flint |
Case No: |
06CC04201 |
Court: |
Orange County Superior Court |
Date: |
3/27/07 |
Judge: |
Warren H. Siegel |
Length of Trial: |
10 days |
Summary: |
Alleged wrongful death and elder abuse of skilled nursing home, inpatient who became unresponsive after vomiting. Staff called attending physician, patient’s daughter and then 911. Patient died upon arrival at hospital |
Demand: |
C.C.P. §998 of $899,000 |
Offer: |
C.C.P. §998 of $20,000 |
Verdict: |
Defense Verdict |
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Trial Attorney: |
Pamela A. Benben |
Plaintiff’s Counsel |
Bruce Lindsey |
Case No: |
BC 337477 |
Court: |
Los Angeles Superior Court – Downtown Central |
Date: |
2/26/07 |
Judge: |
Teresa Sanchez-Gordon |
Length of Trial: |
15 days |
Summary: |
Wrongful death of a 77-year-old man from bleading ulcer allegedly secondary to stress following two surgeries; one for colon evacuation for fecal obstruction; and the other for volvulus (twisted) intestine. |
Demand: |
$625,000 |
Offer: |
No offer – no consent |
Verdict: |
Defense Verdict |
|
|
Trial Attorney: |
Stephen C. Fraser |
Plaintiff’s Counsel |
Peter Lindborg & Mark Angelucci |
Case No: |
EC 038791 |
Court: |
Glendale Superior Court, Department E |
Date: |
2006 |
Judge: |
Laura Matz |
Length of Trial: |
8 days |
Summary: |
Professional liability, battery and loss of consortium stemming from plaintiff who presented for vasectomy and mistakenly received a circumcision. Admitted liability, case tried on damages |
Demand: |
C.C.P. §998 of $1,000,000 |
Offer: |
C.C.P. §998 of 199,000 |
Verdict: |
$20,000 award, but cost bill was $20K+, plaintiff received $0 |
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Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Michael Moran |
Case No: |
VC 045517 |
Court: |
Norwalk Superior Court |
Date: |
12/22/06 |
Judge: |
Daniel S. Pratt |
Length of Trial: |
10 days |
Summary: |
Alleged elder abuse, professional negligence and fraud, stemming from 73-year-old, nursing home patient who fell, unaccompanied in Dayroom requiring ORIF of her fractured hip. She ultimately died following surgery |
Demand: |
None |
Offer: |
None |
Verdict: |
$136,000, reduced to $84,777.48 |
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|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Christoph Netteshiem & Gregory Johns |
Case No: |
EC 039931 |
Court: |
Glendale Superior Court |
Date: |
11/29/06 |
Judge: |
Laura Matz |
Length of Trial: |
14 days |
Summary: |
Alleged elder abuse of 56-year-old, woman, admitted to hospital for treatment of hypotension, atrial fib and UTI. She developed buttocks decubitus ulcer and ultimately died of sepsis. |
Demand: |
C.C.P. §998 of $350,000 |
Offer: |
$50,000 |
Verdict: |
Defense Verdict |
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Trial Attorney: |
Stephen C. Fraser |
Plaintiff’s Counsel |
Philip Michaels & Shirley Watkins |
Case No: |
YC 04994 |
Court: |
Los Angeles Superior Court, Department 4 |
Date: |
2006 |
Judge: |
Warren I. Ettinger |
Length of Trial: |
3 days |
Summary: |
Alleging failure to diagnose and timely treat rare cancer in a 28-year-old, female, 1st year OB-GYN resident with a potential loss of earnings exposure of $8 million |
Demand: |
$2,500,000 to our client. Prior to trial plaintiff received $4,000,000 arbitration award and undisclosed settlements from other defendants |
Offer: |
None |
Verdict: |
Plaintiff dismissed on 3rd day of trial |
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Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
James O’Callahan |
Case No: |
SC 084755 |
Court: |
Santa Monica Superior Court |
Date: |
10/6/06 |
Judge: |
Gerald Rosenberg |
Length of Trial: |
6 days |
Summary: |
Alleged failure to identify and remove two cancerous lesions during partial colon resection, previously identified by colonoscopy. Plaintiff subsequently underwent subtotal colectomy to remove the second lesion. |
Demand: |
None |
Offer: |
None |
Verdict: |
Defense Verdict |
|
|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Terran Steinhart |
Case No: |
BC 242335 |
Court: |
Los Angeles Superior Court – Downtown Central |
Date: |
7/25/06 |
Judge: |
Terry A. Green |
Length of Trial: |
14 days |
Summary: |
Alleging untimely hospital discharge of premature newborn twin B, who aspirated on his own vomit at home suffering permanent severe brain damage. |
Demand: |
C.C.P. §998 of $9.5 million for child and C.C.P. §998 of $5.9 million as to each parent |
Offer: |
$250,000 |
Verdict: |
Defense Verdict |
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Trial Attorney: |
Stephen C. Fraser |
Plaintiff’s Counsel |
Barton Friedman |
Case No: |
GC 033795 |
Court: |
Pasadena Superior Court, Department S |
Date: |
2006 |
Judge: |
DeVanon |
Length of Trial: |
6 days |
Summary: |
Alleged professional negligence and wrongful death of 77-year-old, woman post CABG surgery, who pulled out her mediastinal chest tubes and ensanguinated. |
Demand: |
$250,000 |
Offer: |
None |
Verdict: |
Non-suit |
|
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Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Davit Kupfer |
Case No: |
YC 046201 |
Court: |
Torrance Superior Court |
Date: |
4/18/06 |
Judge: |
Cary H. Nishimoto |
Length of Trial: |
16 & ½ days |
Summary: |
77-year-old patient suffering from dementia and other ailments requiring hospitalization and restraints for over one year, fell on her way to the bathroom just after restraint order lifted. She suffered fractured C-spine and died 12 days later. |
Demand: |
$1,000,000 |
Offer: |
None |
Verdict: |
Defense Verdict |
|
|
Trial Attorney: |
Michael A. O’Flaherty |
Plaintiff’s Counsel |
Michael Vivoli & Jason Saccuzo |
Case No: |
YC 049830 |
Court: |
Redondo Beach Superior Court |
Date: |
2/28/06 |
Judge: |
Lois Smaltz |
Length of Trial: |
10 days |
Summary: |
75-year-old, status post total right knee arthroplasty in transitional care unit fell while ambulating to bathroom resulting in compression fracture of 1st lumbar vertebrae and large scalp laceration |
Demand: |
C.C.P. §998 of $199,000 |
Offer: |
C.C.P. §998 of $30,000 |
Verdict: |
Defense Verdict |
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|
Trial Attorney: |
Craig R. Donahue |
Plaintiff’s Counsel |
Daniel Gibalevich |
Case No: |
BC 315807 |
Court: |
Los Angeles Superior Court – Downtown Central |
Date: |
11/18/05 |
Judge: |
Michael L. Stern |
Length of Trial: |
4 days |
Summary: |
Alleged professional negligence related to the removal of screws and a plate from patient’s forearm, place by another MD years earlier for wrist fracture. Following removal, patient re-fractured same wrist requiring repeat ORIF with plating. |
Demand: |
C.C.P. §998 of $249,999 |
Offer: |
None |
Verdict: |
Defense Verdict |





