Trials

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

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

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

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

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

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

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

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