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.