News & Insights

Recent Posts

WSHB Partner Janice Michaels Named to The Best Lawyers in America© 2020 List

One Bad Apple: Navigating through Sexual Battery and other Intentional Torts

Leading Construction Litigator Cynthia Tari Joins WSHB's Dallas Office

WSHB’s Philadelphia Partner Secures Summary Judgment in Catastrophic Premises Liability Matter

WSHB Welcomes New Partner Andrew Kessler

New Bill In New York Proposed for Signature by Governor Andrew Cuomo is Set To Make Employers "SWEAT"

Renowned Litigator Jason Williams Joins WSHB's Nevada Office

Litigator Richard Young Joins WSHB's Nevada Office

Published Appellate Opinion Upholding Summary Judgment in Favor of Commercial Tenant Against $3.5M Subrogation Suit

17 WSHB Lawyers Honored as 2019's Rising Stars

Arizona Supreme Court Allows Court of Appeals Decision Expanding Defendants' Ability to Enforce Settlements to Stand

WSHB’s Jason Klein Breaks Down the Good, the Sad and the Funny Sides of Claims

Litigating Sexual Battery and Other Intentional Torts: Navigating the One Bad Apple in Medical Negligence

WSHB Partner Michelle Arbitrio to Moderate Panel on Insurance and Risk Management in the Age of Mass Shootings

WSHB Cannabis Attorney Finalist for "Lawyer of the Year"

Girl on Fire: The Price of Pursuing the Truth in the #MeToo World

Pragmatic Issues on Settlement Versus Trial for Legal Malpractice Cases

WSHB Partner Jade Tran Named to Lawyers of Color's "Nation's Best" List

WSHB Senior Associate Selected for 2020 Diversity Leadership & Mentoring Program

A Withering Assault

The Natural Progression of Natural Disasters

Nevada’s Governor Signs Chapter 40 Reform Bill

WA Condo Law Changes Hope to Curtail Frivolous Defect Lawsuits and Stimulate Production

WSHB Co-Founder Stephen Henning Steps Into the Spotlight at this Year's West Coast Casualty Seminar

Professional Liability Expert Weighs In On Protecting Your Practice From Opioid Doc Arrest Fallout

Penalties, Punitives, and Granny Cams: The Escalating Lure of Elder Abuse Litigation

Are Structured Settlements Still Relevant

Game Changing Trends Affecting Construction

He's Not My Guy: The Joint-Employer Doctrine

WSHB Case Update: DOL Proposes Increase to Minimum Salary Threshold

WSHB and DWF Announce Exclusive Association

Brooke Bohlke Takes to the Stage at CLM's 2019 Nevada Chapter Education and Networking Event

WSHB Partner Constance Endelicato Named to The Best Lawyers in America© 2020 List

Arbitrator Rejects Actor’s Spinal Infection Claim

February 12, 2018

WSHB Remains Undefeated in Medical Malpractice Litigation

Following a four day Binding Medical Malpractice Arbitration in Downtown Los Angeles, Los Angeles attorneys, Brian L. Hoffman and Michelle A. Birtja successfully defended a Medical Negligence and Loss of Consortium claim brought by Claimants against our client, a Surgery Center and co-defendant, a Pain Management Specialist. The Arbitrator issued a decision rejecting Claimants request for the application of the Doctrine of Res Ipsa Loquitor and found no evidence of a breach in the standard of care on the part of the Respondents.

Claimants alleged that Respondents negligently performed 4 pain management spinal injections during which a rare bacterial pathogen was allegedly introduced to the L4-5 disc causing a massive erosive infection. Ultimately, following the discovery of the infection, the plaintiff underwent 4 surgeries on his spine due to the loss of the T3-T5 vertebral bodies. The surgeries left plaintiff fused from the L3 to the pelvis, and completely disabled. The claimant was a marginal celebrity, having been a pro wrestler associated with WWE for 7 years and then transitioning to acting where he was seen in a variety of commercials and in a supporting role in the major motion picture, My Super Ex-Girlfriend. Claimants claimed damages in the amount of $4.5 million.

The Respondents were able to mount a defense showing, through expert testimony, that although this was an exceedingly rare pathogen, infections are known potential complication of any procedure, and that they can occur in the absence of negligence. Further, it was successfully argued that to a reasonable degree of medical probability, the rare bacteria was seeded during a prior discectomy 18 months earlier, despite the testimony of Claimant’s treating surgeon, who testified as an expert at Arbitration on behalf Claimants.

“This is another important win for both our client and the firm,” said Brian, who co-chairs the medical malpractice and elder abuse department at WSHB. “Our surgery center client has facilities around the country. They were bold, unwavering, and unafraid, even in the face of high sympathy value and huge damages, to take this case to verdict.”

Brian has successfully tried and arbitrated more than 75 cases to verdict. He defends individuals, insurers and institutions facing claims of medical malpractice, elder abuse, negligence, and fraud. WSHB clients include nationwide professional liability insurers, hospitals, physicians and allied healthcare providers.

This defense verdict continues the undefeated record of WSHB in the medical malpractice area.

PRINT

Privacy Policy      |      Site Map

© 2019 Wood Smith Henning & Berman LLP

Subscribe to our mailing list

* indicates required