Gallbladder surgery malpractice. $700K. Madera County.

Summary

Surgeon at a community hospital cuts the wrong duct.

The Case

Case Name: Timothy Hawkins v. Mohammad Afzal Arain, MD
Court and Case Number: Madera County Superior Court / MCV083798 DB
Date of Verdict or Judgment: Wednesday, July 09, 2025
Date Action was Filed: Thursday, July 09, 2020
Type of Case: Medical Malpractice
Judge or Arbitrator(s): Hon. Eric LiCalsi
Plaintiffs:
Timothy Hawkins
Defendants:
Mohammad Afzal Arain, M.D.
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $700,000
Net Verdict or Award: $284,100.01 (reduced due to MICRA cap.)
Economic Damages:
$34,100.01 (Medicare lien - stipulated to.)
Non-Economic Damages:
Past: $450,000

Future: $250,000
Trial or Arbitration Time: 7 days
Jury Deliberation Time: 3 1/2
Jury Polls: 9-3 breach of standard of care; 11-1 causation; 12-0 damages.

The Attorneys

Attorney for the Plaintiff:
Brelsford Androvich, a Law Corporation by William Brelsford, Sacramento.
Attorney for the Defendant:
LeBeau Thelen, LLP by Dennis Thelen, Bakersfield.

The Experts

Plaintiff's Medical Expert(s):
Barry Garinder, M.D., general surgery.
Defendant's Medical Expert(s):
Leo Gordon, M.D., general surgery.

Facts and Background

Facts and Background:
On July 18, 2019, the 65-year-old plaintiff underwent a laparoscopic cholecystectomy performed by defendant Mohammad Afzal Arain, M.D., at Madera Community Hospital. During surgery, defendant doctor placed clips on and cut the common bile duct instead of the cystic duct. A subsequent treating surgeon, Amir Fathi, M.D., confirmed that plaintiff suffered a complete transection of the common bile duct and a resection of a portion of the biliary tree from the level of the pancreas up to the bifurcation of the left and right hepatic ducts exiting the liver.

Plaintiff then underwent a hepaticojejunostomy on August 7, 2019, performed by Amir Fathi, M.D. at Community Medical Center Fresno. Plaintiff had drains in place for approximately three months thereafter. In May 2020, plaintiff developed sepsis and jaundice due to a stricture in the newly constructed biliary duct. He required surgical intervention to treat this development. Since May 2020, every few months, plaintiff has an "attack" of pain associated with the hepaticojejunostomy.
Plaintiff's Contentions:
Plaintiff contended that Dr. Arain breached the applicable standard of care by not performing a complete dissection during the laparoscopic cholecystectomy on July 18, 2019; and by failing to perform a complete dissection, Dr. Arain did not obtain the required "critical view of safety" of one duct (i.e, the cystic duct) into the gallbladder and one artery (i.e, the cystic artery) into the gallbladder, before clipping and cutting the cystic duct.

Further, plaintiff contended that Dr. Arain's negligence in transecting and resection of the common bile duct was a substantial factor and the only cause of plaintiff's injuries.
Defendant's Contentions:
Defendant contended that his surgical care was appropriate and within the standard of care at all times; that he exercised his judgment in deciding when to stop his dissection before clipping and cutting what he thought was the cystic duct.

Defendant's expert Leo Gordon, M.D. testified at deposition that the missing portion of the common bile duct was due to ischemia, but this speculative theory was abandoned at trial. Treating surgeon Dr. Amir Fathi testified that during the hepaticojejunostomy, there was no evidence of ischemia causing the missing duct, rather the missing duct was an iatrogenic injury caused by Dr. Arain.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff suffered a transected common bile duct and complete resection of the duct from the level of the pancreas to the level of bifurcation of the left and right hepatic duct emanating from the liver; he required a complicated, open hepaticojejunostomy; he required a balloon procedure to reopen the "strictured" stent in May 2020; he suffers ongoing painful episodes every 2-4 months, to this day.

Special Damages

Special Damages Claimed - Past Medical: $34,100.01 (medicare lien)

Additional Notes

Plaintiff served an initial 998 Offer to Compromise in the amount of $259,100.01 on November 22, 2021. Plaintiff served a second Offer to Compromise in the amount of $134,000.00 on May, 31, 2022. Defendant never made a settlement offer.

Plaintiff asked the jury to award $300,000-$400,000 in past non-economic damages and $10,000-$20,000 a year for future non-economic damages for Mr. Hawkins' 12.7 year life expectancy.

The total recoverable verdict, (including MICRA cap) equals $284,100.01, plus statutory and expert costs pursuant to CCP 998, and interest at 10% per annum, commencing November 22, 2021.