Plaintiff claims delayed diagnosis/repair of perforation during surgery. Defense. Los Angeles County.


Patient says surgeon failed to timely diagnose and repair a perforation that followed abdominal surgery.

The Case

  • Case Name: Lucas v. Marcus
  • Court and Case Number: Los Angeles Superior Court / BC643151
  • Date of Verdict or Judgment: Wednesday, May 08, 2019
  • Date Action was Filed: Thursday, December 08, 2016
  • Type of Case: Medical Malpractice
  • Judge or Arbitrator(s): Hon. Armen Tamzarian
  • Plaintiffs:
    Charles Lucas
    Karen Lucas
  • Defendants:
    Daniel Marcus, M.D.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: Defense.
  • Trial or Arbitration Time: 7 days.
  • Jury Deliberation Time: 1 hour.
  • Jury Polls: 10-2

The Attorneys

  • Attorney for the Plaintiff:

    Girardi Keese by David N. Bigelow, Kelly Winter Weil and Carlos Urzua, Los Angeles.

  • Attorney for the Defendant:

    Carroll, Kelly, Trotter, Franzen, McBride & Peabody, by John C. Kelly and Patrick J. Goethals, Long Beach. (For Daniel Marcus, M.D.)

The Experts

  • Plaintiff’s Medical Expert(s):

    Barry N. Gardiner, M.D.

  • Defendant's Medical Expert(s):

    David Joseph Lourié, MD, FACS, FASMBS.

Facts and Background

  • Facts and Background:

    In September 2015, plaintiff suffered a bowel perforation following abdominal surgery.

  • Plaintiff's Contentions:

    Plaintiff alleged delay in diagnosis and repair.

  • Defendant's Contentions:

    Defendant timely diagnosed the injury following appropriate workup and timely repaired the bowel perforation.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Bowel perforation, prolonged hospitalization and subsequent surgery.

Special Damages

  • Special Damages Claimed - Past Medical: $15,000
  • Special Damages Claimed - Past Lost Earnings: $70,000
  • Special Damages Claimed - Future Lost Earnings: $195,000

Demands and Offers

  • Plaintiff §998 Demand: $300,000
  • Plaintiff Demand during Trial: $780,000
  • Defendant §998 Offer: Waiver of costs.

Additional Notes

Defendant hospital was also named in the lawsuit, but won their motion for summary judgment.