Print this Verdict

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

Summary

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.