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Healthcare - Representative Experience

  • Issues
  • Venue
  • Client Type
  • Lawyers
  • Full Description
  • Result
  • Professional Liability; Dental Malpractice
  • Bronx
  • Defendant Dentist

  • We successfully defended a dentist to verdict in a dental malpractice case venued in Bronx, New York.   

  • Case was tried to a verdict and a judgment in which co-defendant dentist and co-defendant dental group received approximately 80% of liability to only 20% assessed against our client despite the fact that the vast majority if not the exclusive treatment of the patient was rendered by our client.  In this case, the jury also assessed a minor amount of compensatory damages as compared to the amount sought in plaintiff's ad damnum which was fortunate since the client did not have malpractice insurance to cover a settlement, verdict or judgment in this particular case.

  • Negligence; Product Liability
  • Defendant Electric Utility Provider
  • John A. Koeppel

  • This negligence and product liability action involved an alleged defective electrical transformer, failure of which caused a power outage and resulting traffic accident due to a lack of traffic signals. Our client was a defendant utility. Plaintiff, a minor, sustained serious injuries that led to spinal meningitis, partial paralysis, and significantly decreased mental capacity. This two-month action began as a jury trial and ended as a Court trial.

  • The Court found a manufacturing defect in the transformer, and ruled in favor of plaintiff and defendant utility.

  • Medical Malpractice; Still Birth
  • San Francisco County Superior Court
  • Witness Emergency Room Physician

  • Retained to represent witness emergency room doctor in alleged medical malpractice action involving a still birth and possible malpractice allegation against doctor.

  • No claims were brought against client doctor.

  • Product Liability
  • Santa Clara County Superior Court
  • Defendant Plastic Container Manufacturer
  • John A. Koeppel

  • This product liability action involved a disabling brain injury and serious physical injuries to a 42-year old father of three. Plaintiffs alleged that our client’s grape transport bin could not be safely trucked due to an alleged failure to warn. The bin separated from the vehicle in which it had been loaded, falling onto the highway where plaintiff struck it at a high rate of speed on his motorcycle. Experts on both sides ranged from safety engineers to accident reconstructionists to physical medicine specialists.

  • The case was tried after plaintiffs made an eight figure demand, settling favorably after four weeks.

  • Catastrophic Injury
  • Santa Clara County Superior Court
  • Defendant Manufacturer
  • John A. Koeppel

  • Plaintiff was a business invitee, who claimed total disability resulting from back, shoulder and arm injuries when he was struck by a falling pallet of empty, 50 gallon drums. Plaintiff sought compensatory and punitive damages, based on earlier incidents under similar circumstances. Surveillance of plaintiff indicated his injuries were considerably less serious than alleged.

  • The case settled favorably after two plus weeks of evidence were presented to a jury.

  • Personal Injury; Wrongful Death
  • San Francisco County Superior Court
  • Defendant Ground Transportation Service
  • John A. Koeppel

  • This action involved a high speed auto accident involving two pedestrians in inclement weather. The case included a wrongful death action and a personal injury action for an individual who suffered brain injury and disabling, crushing injuries to his legs. Our firm was retained six weeks before trial, after expert disclosure. Review of medical records indicated both pedestrians were under the influence. Working with an accident reconstruction expert and photographic reconstruction expert, the defense visually recreated the scene of the accident under comparable rain conditions. We also unilaterally disclosed and deposed a toxicologist regarding the intoxication issue. Plaintiffs' demand totaled $10,000,000, representing our primary and excess limits. At mediation, our experts narrated the film reconstructing the accident and we highlighted the deposition testimony of our toxicologist.

  • The action eventually settled for approximately 20% of the original demand.

  • Employee vs. Independant Contractor
  • Health Insurance Company
  • Todd A. Roberts

  • Sales agents of health insurance company claimed they were employees despite expressly agreeing they were independent contractors.

  • Case successfully tried to conclusion before Unemployment Insurance Appeals Board.

  • Unfair Business Practices
  • San Francisco County Superior Court
  • Plaintiffs Group of Chinese-Americans
  • Thomas H. Clarke, Jr.

  • We represented a group of five Chinese-Americans who were purchasers of a pill which contained calcium combined with a oxidized form of Vitamin C. The clients were class representatives in an Unfair Business Practices and Consumer Legal Remedies class action against a company that advertised extensively in the Chinese-American community regarding the product. The radio, television, and print media advertisements asserted that the product would provide several dozen benefits, including protecting the intelligence, increasing the I.Q., and “perfecting the structure of the cerebral tissue” of children; healing a herniated disk and curing edema and osteoporosis; providing more energy; healing cartilage, tendons, and muscles; elimination of virtually every ache and pain known to humankind; and, not interfering with any prescription drug. All the claims were false.

  • The case settled following the first day of trial. Pursuant to the settlement, all consumers were entitled to seek reimbursement of their outlays for the purchase of the product.

  • Medical Malpractice
  • Arbitration
  • Health Maintenance Organization

  • Claimant asserted that the care and treatment provided to her by her podiatrist fell below the standard of care in that he failed to diagnose and treat a lis franc fracture of her foot. This alleged failure led, among other things, to the demise of her career as a ballerina. The defense presented expert witness testimony which completely disproved plaintiff's claims.

  • The sole arbitrator held in favor of the defendants. Ultimately, judgment was entered in favor of the defendants, in the San Francisco Superior Court.

  • Medical Malpractice
  • Arbitration
  • Health Maintenance Organization

  • Plaintiffs asserted a claim based upon the legal theory of wrongful death. It was alleged that defendant failed to obtain informed consent from plaintiffs' decedent in connection with a surgical procedure performed. The surgical procedure was a success, but the patient required blood transfusions during the procedure. The blood was tainted with HIV and the patient died as a result.

  • The arbitrators ruled in favor of the defendants. Ultimately, judgment was entered in favor of defendants in the San Francisco Superior Court.

  • Medical Malpractice
  • Arbitration
  • Health Maintenance Organization

  • Plaintiff claimed that the care and treatment he received fell below the standard of care in connection with the installation of a penial implant device. He claimed that the device was too large and that it caused him pain during intercourse. An expert witness for the defense testified that the treating physician acted within the standard of care at all times pertinent. The arbitrators agreed and held in favor of the defendants.

  • The arbitrators held in favor of the defendants. Ultimately, judgment was entered in favor of the defendants in the San Francisco Superior Court.

  • Copyright Infringement
  • Northern District- San Jose Division District Court
  • Defendant; Software Manufacturer
  • Michael J. Ioannou,  Lita M. Verrier

  • Represented defendant in a copyright infringement and related torts case concerning a license agreement in the medical software field.

  • Negotiated favorable settlement for client.

  • Medical Partnerships; Hospitals; Staff Privileges; Emergency Room Physicians
  • USDC: Northern District of California
  • Defendant Hospital
  • Adrian G. Driscoll,  James A. Lassart

  • Defense of hospital sued by emergency room physician following his expulsion from his medical partnership.  Pursuant to a contract between the partnership and the hospital, only physician members of the partnership could practice emergency room medicine at the hospital.  Plaintiff physician claimed that he was wrongfully denied staff privileges in violation of the California Business and Professions Code and the hospital staff by-laws.

  • Summary Judgment was granted in favor of the hospital, and later upheld on appeal.

  • Medical Malpractice
  • Manhattan
  • Defendants Medical Laboratory/ Doctor

  • This was a medical malpractice case venued in Manhattan. An elderly female patient alleged medical malpractice by several physicians for failing to timely diagnose and treat her breast cancer. The plaintiff was already being followed by an oncologist for prior breast cancer. Later her doctors obtained a biopsy of her other breast and sent it to our clients, a medical laboratory in New York, where it was examined by one of the doctors in our laboratory for further tests, screening and analysis for cancer. The issue presented was not whether the patient had breast cancer but rather was limited to whether her doctor and oncologist notified the patient as soon as they learned the results of the biopsy (positive) from our laboratory and whether the delay in notifying the patient promptly effected the plaintiff's treatment, therapy, prognosis and other damages which included a mastectomy.

  • The case was eventually resolved before trial after extensive pre-trial discovery, including protracted paper discovery and depositions of the various doctors involved in plaintiff's care and treatment, as well as the doctor from our laboratory involved with the plaintiff's biopsy. The case was settled without any contribution sought from the doctor in our laboratory and with the majority of the settlement being paid by the plaintiff's treating doctor and oncologist, with only a marginal contribution by the medical laboratory which was less than the cost of defense.

  • Death by Form of Rare Arteriole Malformation
  • Los Angeles County Superior Court
  • Defendant; Dentist
  • Kathleen Duggan

  • Allegations that following an extraction of a baby tooth, plaintiff suffered hemorrhage and died, hospital and ER defendants, including paramedics.

  • Jaw Cancer misdiagnosed. Failure to refer for pathology and testing.
  • Santa Cruz County Superior Court
  • Defendant
  • Kathleen Duggan

  • Alleged failure to diagnose oral cavity turmor, metastisis and jaw mandible loss.

  • Taken all the way to week prior to trial when case resolved successfully in favor of defendant.

  • Santa Clara County Superior Court
  • Defendant
  • Kathleen Duggan

  • Alleged laser/laser injury, allegedly caused by overheating bone by laser with resulting upper jaw bone loss.

  • Case taken to day before trial when resolution obtained.

  • Evidence
  • Court of Appeal; California Supreme Court
  • Defendant Physician
  • Terry Anastassiou,  Susan H. Handelman

  • Represented defendant physician in the appellate courts (Court of Appeal and Supreme Court) to successfully establish an important aspect of evidence law, i.e. non-admissibility of Department of Health Services' materials that had been prepared using confidential hospital peer review committee records.

  • Fox v. Kramer, 22 Cal. 4th 531 (Cal. 2000)