CALIFORNIA CASES

Pelvic Mesh

Verdict: Defense

Pelvic surgical mesh allegedly eroded into urethra, reportedly causing three years of physical pain and mental suffering (Skora v. Alinsod, Orange County Superior Court, defense attorney:  Yuk K. Law).

Fall Through Floor

Settlement: $6,000,000

Electrician fell through an unguarded hole at A pump station; defendant contended that the grate removal was open and obvious (Merlino v. Powell Construction, Los Angeles County Superior Court, plaintiff attorney:  Stanley K. Jacobs).

Diabetic Death

Verdict: Defense

Man allegedly died of metabolic consequences of diabetes shortly after ER visit for abdominal pain (Paez v.  Antelope Valley Hospital, Los Angeles County Superior Court, defense attorney:  Campbell H. Finlay).

Locked-In Syndrome

Settlement: $5,500,000

Plaintiff contended that defendants failed to timely diagnose and treat her stroke symptoms at the ER leading to Locked-In Syndrome requiring full-time treatment (Machado v. Los Robles Hospital & Medical Center, Ventura County Superior Court, plaintiff attorney:  Steven L. Saldo).

Peyronie's Disease

Verdict: Defense

Man claimed he fell and suffered Peyronie's disease after allegedly being chased with key-chain stun gun; sought $6.8 million (Reumont v. Gordon, Orange County Superior Court, defense attorney:  Seymour B. Everett).

Window Fall

Settlement: $750,000

Unattended child fell from second-story window (Garcia v. B.W.W. Partners L.P., Los Angeles County Superior Court, plaintiff attorneys:  Jae Y. Lee/Daniel E. Hoffman).

ATM Attack

Decision: Defense

Man assaulted in parking lot after visiting shopping center ATM. Defendant contended the perpetrator was solely responsible (Alefaio v. Victor Village Associates II, San Bernardino County Superior Court, Plaintiff Attorney:  Kevin T. Dunbar).

RR v. Pedestrian

Settlement: $4,250,000

A Metro train struck a pedestrian. Plaintiff alleged operator negligence and dangerous condition of public property. Defendant contended design immunity and plaintiff disregarded warning lights (Rebollar v. Los Angeles County Metropolitan Transport, Los Angeles County Superior Court, plaintiff attorneys:  John C. Taylor/Robert R. Clayton).

Fractured Sternum

Verdict: $364,892

An 83-year-old with a fractured sternum was hospitalized for seven days but had no surgery (Watts v. Faivre, Los Angeles County Superior Court, defense attorney:  Gregory R. Vanni).

Smelly Car

Verdict: Defense

Plaintiff claimed her new car had a defect which caused the air conditioning system to emit a bad "moisty" smell that was unbearable; defendant denied any odor (Cazares v. Hyundai Motor America, Riverside County Superior Court, defense attorney:  Sean D. Beatty).

Glass Vase Shatters

Settlement: $1,000,000

A store employee dropped a glass vase encased in plastic causing a shard to penetrate plaintiff's left eye (M.A. v. Confidential, San Diego County Superior Court, plaintiff attorney:  Otto L. Haselhoff).

NATIONAL CASES

Wrong Patient Craniotomy

Verdict: $21,000,000

Defendant hospital performed brain surgery on the wrong patient, who died six days later (Nayyar v. Oakwood Healthcare Inc., Michigan – Wayne County Circuit Court, plaintiff attorney:  Geoffrey N. Fieger).

Wrongful Death

Settlement: $2,950,000

A police officer shot and killed a man during a domestic dispute call; plaintiffs alleged wrongful death, gross negligence and negligent supervision and training (Harrington v. Fairfax County Police Department, Virginia – Fairfax County Circuit Court, plaintiff attorneys:  Bernard J. DiMuro/Nina J. Ginsberg).

Editor’s Note: California Bar Journal publishes this abbreviated summary of important trials provided by Trials Digest. To report your case results, go to west.thomson.com/trialsdigest/form.aspx or call 415-344-3952.