Significant Results

Medical negligence and loss of consortium alleged against neurologist. Defense verdict on the statute of limitations.

Defense judgment entered on behalf of fertility clinic and reproductive endocrinologist arising from allegations of negligence, breach of fiduciary duty, conversion, and receipt of stolen property. Plaintiff, the widow of a clinic patient, alleged her deceased husband’s sperm was used to impregnant another woman without her consent. The deceased had presented to the clinic with his mistress, claiming to be a married couple seeking to have another child (they had an older son together). After several unsuccessful rounds of IVF, the couple agreed to try conception using donor eggs and the male partner’s sperm. Prior to the transfer of the embryo, the male partner died. The female partner did not notify the clinic of his death and proceeded with the transfer, which resulted in a successful pregnancy and the birth of twins. The female partner brought a child support claim against the male’s estate, seeking support for her older son and her twins. The clinic learned of both the male’s death and the existence of a widow when a subpoena was issued for clinic records. The plaintiff widow subsequently sued the clinic and the reproductive endocrinologist, alleging she was the rightful owner of her late husband’s sperm, and any use of his sperm without her consent was improper. Shortly before the close of evidence, plaintiff dismissed her negligence claim. Defendants’ non-suit motion was granted as to the breach of fiduciary duty claim. A jury verdict was returned in favor of defendants regarding the receipt of stolen property claim, and in favor of plaintiff on the conversion claim. However, shortly after the jury verdict, the court granted defendants’ motion for judgment notwithstanding verdict, finding the conversion claim was unsupported by the evidence.

Medical malpractice claim against hospital. Three-week jury trial involving numerous medical experts with complicated medicine and sympathetic facts. August 2018

Defense trial verdict on behalf of neurologist and hospital in four-week trial involving $41.18 million in claimed damages based on an alleged violation of Health & Safety Code §103900.

Defense verdict on behalf of hospital. Plaintiff alleged defendant hospital, and specifically nurses, failed to timely diagnose his aphasic stroke due to racial bias and a presumption he could not speak English. The hospital argued care and treatment by nurses, including telemetry nurse and transport nurse, was reasonable and within the standard of care. Further, any alleged delay did not cause plaintiff any harm. He was not a candidate for tPA because he had very recently undergone a second bypass surgery and could have suffered a fatal bleeding event. The trial lasted approximately two weeks.

12-0 defense verdict on behalf of individual physician. The case involved a nurse who underwent her eighth shoulder surgery to repair long-standing shoulder difficulties. The defendant anesthesiologist placed a nerve block so the patient could undergo immediate physical therapy following surgery. Following the surgery, she suffered injury to the brachial plexus nerve branch. She claimed it was caused by the block placed by the anesthesiologist. The trial lasted approximately three weeks.

Defense verdict on behalf of hospitalist in a claim of negligence care provided during hospitalization, including an infection following an intravenous line placement, ultimately progressing to osteomyelitis causing destruction to a level of the spine.

Defense verdict after an eleven-day jury trial on behalf of hospital Emergency Department in a claim of wrongful and negligent use of restraints resulting in permanent disability.

Obtained dismissal of all claims against internal medicine physician at trial involving an alleged violation of Health & Safety Code §102800.

Defense verdict on behalf of hospital and nursing defendants involving allegations of medical negligence in the management of a neonatal intensive care unit patient. The plaintiff, born at approximately 28 weeks gestation, was eventually diagnosed with cerebral palsy as a result of extreme prematurity and the development of necrotizing enterocolitis. Plaintiff’s parents alleged their daughter received a substantial overdose of pain medication (fentanyl), which they believed caused severe hypoxic ischemic brain injury.

Bench trial in San Mateo County that spanned August through October of 2013. The case to date remains unresolved with ongoing post-trial motions and appeals by both sides. The case involved a complex probate dispute amongst family members including allegations of undue influence, financial elder abuse, and breach of fiduciary duty. The trial lasted approximately seven weeks.

Obtained a dismissal of all claims during trial. Plaintiffs alleged a negligent delay in the completion of a decedent’s death certificate, resulting in emotional distress.