Trial Results
| Trial Attorney: | Pamela A. Benben |
| Case No: | BC 429500 F&F # OCT108 |
| Court: | Los Angeles Superior Court – Central District, Dept: 50 |
| Judge: | John Segal |
| Date: | 1/9/12 - 1/20/12 |
| Summary: | 67-year-old, female with pelvic floor dysfunction, including total rectal prolapse, rectocele, enterocele, cystocele, vaginal prolapse and possible nerve impairment. Prolapse reduction and floor reconstruction accomplished during 10+ hour laparoscopy. 3 days post-op just, prior to discharge, plaintiff faints. Suspected pulmonary embolism results in commencement of heparin and STAT CT scan order, which takes 7 hours to complete, is negative for PE, but reveals large mass in upper abdomen. Plaintiff is returned to surgery finding bleeder at the pancreas. Trauma surgery called, patient arrested twice on the table, required open cardiac massage and defibrillation. Allegations of wrong and unnecessary surgery performed by client URO/GYN; delay in obtaining STAT CT by client teaching Medical Center, resulting in bleed from heparin; delay in diagnosing bleed; failure to assess potential for embolization of bleed; and delay in returning the patient to surgery. |
| Demand: | $1,750,000 one month prior to trial |
| Offer: | CCP § 998 Offer of $100,000 |
| Verdict: | 10 – 2 defense |
| Trial Attorney: | Michael A. O’Flaherty |
| Case No: | SC 102873 F&F # SCL047 |
| Court: | Los Angeles Superior Court – Santa Monica, Dept: M |
| Judge: | Linda Lefkowitz |
| Date: | 9/6/11 - 10/7/11 |
| Summary: | Very long and difficult trial defending allegations of a delayed C-section in the face of fetal distress resulting in permanent and devastating neurological injury to the newborn. This 37-week gestation was monitored by the on-call OB from home via computer up-load of fetal monitor strips. The OB presented to the patient's bedside some 4 hours after identifying the strips as concerning and C-section was ordered only to be delayed by immediate availability of anesthesiologist and by on-call OB's desire to wait for primary OB to arrive at hospital to begin surgical delivery. Apgars were 1, 2 & 4 at one, five and 10 minutes. Neonatology diagnosed hypoxic ischemic encephalopathy. While all these cases are hard to defend, this one was further complicated by the celebrity of the newborn’s grandfather. |
| Demand: | Last demand: $6.1 million |
| Offer: | Last offer made during trial: $1.7 million |
| Verdict: | 10 – 2 defense |
| Trial Attorney: | Michael A. O’Flaherty |
| Case No: | BC412306 F&F # OCT092 |
| Court: | Los Angeles Superior Court – Central District, Dept: 20 |
| Judge: | Kevin C. Brazile |
| Date: | 4/11/11 to 4/29/11 |
| Summary: | 77-year-old, woman, alleging Elder Abuse against our acute care hospital client after developing an alleged eight sacral pressure sores, blisters over her body, acinetobacter infection and sepsis. Plaintiff further alleged she was physically/sexually assaulted while under our client's care. Plaintiff died in the course of litigation discovery, resulting in the additional a cause of action of wrongful death. |
| Demand: | Last demand: $800,000 |
| Offer: | Last offer made during trial: $50,000 (Excess insurance carrier required offer be made) |
| Verdict: | 11 – 1 defense |
| Trial Attorney: | Stephen C. Fraser |
| Case No: | SC 099812 - F&F # UC0563 |
| Court: | Los Angeles Superior Court – Santa Monica, Department “N” |
| Judge: | Craig D. Karlan |
| Date: | 2/28/11 – 3/25/11 |
| Summary: | 33-year-old, male, alleging medical and neurosurgical mismanagement to his lumbar spine resulting in development of an epidural abscess. Further, alleged failure to timely diagnose and evacuate abscess pressing on spinal cord ultimately rendering plaintiff with permanent neurological injury and inability to return to work. |
| Demand: | Many made throughout the course of discovery. The last written demand was $1,550,000. Damages of $3,600,000 requested during trial. |
| Offer: | C.C.P. §998 offers of dismissal in exchange for waiver of costs and malicious prosecution as to multiple client physicians. Separately, an offer of $350,000 was made as to hospital client. |
| Verdict: | Defense verdict – 10 -2 on negligence and 11-1 on causation as to Hospital client and 12-0 as to remaining client physician. |
| Trial Attorney: | Michael A. O'Flaherty |
| Case No: | VC 049 976 F&F # OCT060 |
| Court: | Los Angeles Superior Court – Norwalk Dept H |
| Judge: | Thomas Mcknew Jr. |
| Date: | Trial commenced 2/22/11 |
| Summary: | Alleged elder abuse and wrongful death of 78-year-old, woman who developed Stage IV decubitus ulcer from which she allegedly caused her demise. |
| Demand: | CCP § 998 demand of $250,000 |
| Offer: | C.C.P. §998 offer to compromise for a waiver of costs and malicious prosecution. |
| Verdict: | Plaintiff dismissed our client during trial for no money and without a waiver of costs |
| Trial Attorney: | Stephen C. Fraser |
| Case No: | 30-2009 00126390 F&F # TDC005 |
| Court: | Orange County Superior Court - Dept C-20 |
| Judge: | David R. Chaffee |
| Date: | 2/2/11 – 2/23/11 |
| Summary: | 77-year-old, man, alleged during cardiac catheterization procedure, our client cardiologist supervise and/or negligently inserted a guidewire up the aorta and into the renal artery, thereby puncturing the kidney resulting in massive subcapsular hematoma and subsequent retroperitoneal bleed producing renal failure, life long dependency on peritoneal dialysis and shortened life expectancy. |
| Demand: | Final demand: $837,733.98 |
| Offer: | C.C.P. §998 offer to compromise for a waiver of costs and malicious prosecution. |
| Verdict: | 10-2 Defense Verdict |
| Trial Attorney: | Michael A. O’Flaherty |
| Case No: | BC400047 F&F # OCT073 |
| Court: | Los Angeles Superior Court - Central District, Dept 61 |
| Judge: | David L. Minning |
| Date: | 7/19/10 – 7/22/10 |
| Summary: | Premises liability case brought against our hospital client, wherein plaintiff alleges while walking down a concrete sidewalk on hospital grounds she tripped in a divot/depression and fell to the ground suffering soft tissue injuries to her neck, back, knees, legs, toes, hand, wrist, elbow, jaw, nose, chipped a tooth and suffered migraines. Plaintiff husband sued for loss of consortium. |
| Demand: | $100,000 |
| Offer: | $20,000 |
| Verdict: | Court granted defendant’s motion for non-suit at conclusion of plaintiff's case. |
| Trial Attorney: | Stephen C. Fraser |
| Case No: | 09-00047 F&F # AHC001 |
| Court: | Ventura County Superior Court - Simi Valley - Dept S-3 |
| Judge: | David Worley |
| Date: | 6/1/10 – 7/9/10 |
| Summary: | Alleging elder abuse and wrongful death of an 83-year-old man, suffering from end-stage renal disease, hypotension and multiple other co-morbidities. Specifically, plaintiffs' allege malnourishment and failure to adequately reposition the bed-ridden decedent resulted in development of Stage IV decubitus ulcer, his inability to overcome infection producing pre-mortem pain and suffering and ultimately his death. |
| Demand: | Final demand was $250,000 |
| Offer: | C.C.P. §998 offer of $100,000 |
| Verdict: | Mistrial – jury hung on decision related to causation. |
| Trial Attorney: | Stephen C. Fraser |
| Case No: | BC355695 - F&F # MPC042 |
| Court: | Los Angeles Superior Court – Central, Department 39 |
| Date: | 4/22/10 – 4/29/10 |
| Summary: | 58-year-old, woman, alleged failure and/or delayed diagnosis of high grade lesion in the right superficial femoral artery resulting in failed angioplasty, extended compromised blood circulation to the right lower leg producing gangrene in her toes, ultimately requiring a forefoot transmetatarsal amputation. |
| Demand: | C.C.P. §998 demand of $89,090 |
| Offer: | C.C.P. §998 offer of dismissal in exchange for waiver of costs |
| Verdict: | Awarded non-suit following plaintiff’s case |
| Trial Attorney: | Michael A. O'Flaherty |
| Case No: | BC387845 - F&F # MI0935 |
| Court: | Los Angeles Superior Court – Central Division, Department J |
| Date: | 4/19/10 - 4/28/10 |
| Summary: | On behalf of our (law firm) client, complaint was filed against defendants for failure to pay $163,668 in legal fees. Defendants cross-complained against our client, alleging legal malpractice. |
| Demand: | Our client’s last demand was of $161,000, waiving interest, right to attorney’s fees and costs. |
| Offer: | None |
| Verdict: | Directed verdict as to legal fees in their entirety and dismissed the jury. The court, granted a non-suit as to the cross-complainants allegations of legal malpractice. |
| Trial Attorney: | Michael A. O'Flaherty |
| Case No: | SC097212 - F&F # SCL025 |
| 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 - F&F # OPT159 |
| 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 - F&F # CHW038 |
| 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 - F&F # GSH012 |
| 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 |
| Trial Attorney: | Michael A. O’Flaherty |
| Case No: | NC 042 286 - F&F # HCP144 |
| 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 - F&F # CHW046 |
| 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: | Stephen C. Fraser |
| Plaintiff’s Counsel | Terrance Steinhart & Tonisito Umali |
| Case No: | CIV 246582 - F&F # MPC049 |
| 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 - F&F # MPC057 |
| 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 - F&F # PIH016 |
| 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 - F&F # SCP141 |
| 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 |
| Trial Attorney: | Michael A. O’Flaherty |
| Plaintiff’s Counsel | Marshall Silberberg & Tobin Trobough |
| Case No: | BC 349994 - F&F # GSH005 |
| 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 - F&F # MPC052 |
| 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 |
| Trial Attorney: | Michael A. O’Flaherty |
| Plaintiff’s Counsel | Jeffrey Milman |
| Case No: | VC 046949 - F&F # OCT014 |
| 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 - F&F # OCT013 |
| 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 |
| Trial Attorney: | Pamela A. Benben |
| Plaintiff’s Counsel | J. Scott Humphrey |
| Case No: | SC 089631 - F&F # UC0547 |
| 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 |
| Trial Attorney: | Todd Croutch |
| Case No: | 09-00047 F&F # MI0845 |
| Court: | Los Angeles Superior Court - Santa Monica, Dept. B |
| Date: | 6/13/07 – 6/29/07 |
| Judge: | Cesar C. Sarmiento |
| Summary: | We represented plaintiffs in their claims for breach of employment agreements and theft of trade secrets. Specifically, defendant employees left the employ of our client real estate firm with client lists, account information and potential contract deals and took them to a new firm to increase defendants individual commission percentages upon consummation of same deals. |
| Demand: | C.C.P. §998 demands of $75,000 against each of the two individual defendants. |
| Offer: | None |
| Verdict: | $75,483 compensatory, $75,000 in punitive damages and $177,030.76 cost of proof sanctions. |
| 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 |
| Trial Attorney: | Michael A. O’Flaherty |
| Plaintiff’s Counsel | Michael Moran & Lisa Trinh Flint |
| Case No: | 06CC04201 - F&F OBP001 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
