CALIFORNIA CASES
Title Insurance
Verdict: $25,000,000
Defendant claimed denial of
access to the San Joaquin River was not a covered loss; plaintiff alleged
riverfront access was central to a planned community development (Rio Mesa
Holdings L.L.C. v. Fidelity National Title Insurance Company, Fresno County
Superior Court, plaintiff attorneys: John G. Michael, James A. Ardaiz, Peter
G. Fashing).
Bike Fatality
Settlement: $3,600,000
Vehicle fatally struck
bicyclist lying in roadway following an earlier accident; defendant was found 30 percent
at fault (Estate of Jose Martinez Sanchez v. Ahlem, Santa Cruz County
Superior Court, plaintiff attorneys: Robert T. Simon, Thomas J. Conroy,
Benjamin D. Swanson).
Fistula Surgeries
Verdict: Defense
Plaintiff alleged that
defendant surgeon failed to properly perform vesico-vaginal fistula procedures, adequately explain the risks or refer patient to a
specialist (Jefferson v. Kim, San Bernardino County Superior Court, defense attorney: Terrence J. Schafer).
Common Carrier
Settlement: $700,000
Tourist suffered arm and
back injuries when bus driver slammed on brakes causing plaintiff to catapult
from the back row down the center aisle (Uren v. CUSA FL L.L.C., San
Francisco County Superior Court, plaintiff attorney: Brian J. Malloy).
Foot Drop
Verdict: Defense
Defendant Panchal contended
he complied with the standard of care in his reading and interpretation of the
subject CT scan even though he did not appreciate a small pseudoaneurysm on the
right internal iliac artery (Scott v. Sharp Memorial Hospital, San Diego
County Superior Court, defense attorneys: Daniel Scott Belsky, Carolyn B.
McCormick).
Digoxin Toxicity
Verdict: Defense
Plaintiffs alleged
defendant deviated from the standard of care in prescribing Digoxin in the
setting of an abnormally low potassium level, leading to Digoxin toxicity and
decedent's cardiac arrest, brain damage and death (Trump v. El-Bialy, Los
Angeles County Superior Court, defense attorneys: David J. Weiss, Sigalit V.
Noureal).
Epidural Hematoma
Settlement: $750,000
Teen boy suffered head
injury requiring a craniotomy after landing on his head in sumo wrestling match
at a Halloween church event (W.P. v. Carnival Services, Los Angeles
County Superior Court, plaintiff attorneys: Jae Y. Lee, Daniel E. Hoffman).
Injuries Disputed
Verdict: Defense
Driver alleged numerous
injuries following rear-end freeway accident with $1.5 million medical expenses claimed and
$4.2 million loss of earnings claimed; defendant contended the impact was minimal (Azizian
v. Power Engineers Inc., Orange County Superior Court, defense attorney: Terry
A. Rowland).
Herniated Discs
Verdict: $5,173,120
Plaintiff alleged that he
suffered herniated discs and disc protrusions requiring two procedures;
defendants disputed injuries and damages (Kostanian v. Zavala, Los
Angeles County Superior Court, plaintiff attorneys: Gary A. Dordick, Humberto
Guizar).
NATIONAL CASES
Nerve Damage
Verdict: Defense
Plaintiff allegedly
suffered a permanent injury to her posterior interosseus nerve during an open
reduction internal fixation on her fractured elbow performed by defendant (Centonze
v. Cook, Florida – Pasco County Circuit Court, defense attorneys: Richard
B. Mangan Jr., Bryan R. Snyder).
Positional Asphyxia
Verdict: $8,000,000
Decedent's daughters
alleged that their father was a model prisoner but when he suffered a
hypoglycemic event, guards placed him in a prone position causing positional
asphyxia and death (Stahl v. State of Washington, Department of Corrections,
Washington – Spokane County Superior Court, plaintiff attorneys: Nathan P.
Roberts, Anna L. Price).