Doc botches hernia surgery, damaging nerves. No offer. $573,208 verdict. Los Angeles County.
General surgeon performs hernia repair but damages nerve, leaving plaintiff in constant pain and impairing his daily activities. $573,208 gross verdict, later reduced per MICRA.
- Case Name: Farshid Enteghami v. Adel Jabour, M.D.
- Court and Case Number: Los Angeles Superior Court - Chatsworth/ PC052066
- Date of Verdict or Judgment: Wednesday, April 24, 2013
- Date Action was Filed: Tuesday, December 06, 2011
- Type of Case: Medical Malpractice
- Judge or Arbitrator(s): Hon. Randy Rhodes
Plaintiffs: Farshid Enteghami, 55, pool maintenance
Defendants: Adel Jabour, M.D.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $573,208
- Net Verdict or Award: $273,208 (noneconomic damages reduced to $250,000 per MICRA)
- Contributory/Comparative Negligence: None.
Unreimbursed Medical Expenses: $16,503
Loss of Earnings: $6,705
Past noneconomic damages: $300,000
Future noneconomic damages: $250,000
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 1 day
- Jury Polls: Negligence 9-3; Causation 10-2; Damages 11-1
- Post Trial Motions & Post-Verdict Settlements: No post trial motions or appeal. The total judgment reduced pursuant to MICRA plus expert witness fees, ordinary costs and prejudgment intererest have been paid.
Attorney for the Plaintiff: Snyder Dorenfeld LLP by Bradley A. Snyder, Agoura Hills
Attorney for the Defendant: Schmid & Voiles by Patrick W. Mayer, Los Angeles
Plaintiff’s Medical Experts: David Grischkan, M.D., general surgery, specializing in hernia surgery, Cleveland, OH
Defendant's Medical Experts: Kenneth Deck, M.D., general surgery, Laguna HIlls
Facts and Background
Facts and Background:
Plaintiff underwent right inguinal hernia surgery (open surgery) on April 30, 2009. After the surgery, plaintiff continued to experience pain and discomfort which required three additional surgeries, imaging studies, nerve blocks and pain medication.
That the surgery was performed below the standard of care. The theories of liability were: (1) Defendant damaged nerve(s) during the surgery and failed to recognize the injury before closing; (2) Defendant affixed the mesh with absorbable sutures which allowed the mesh to fold up, migrate and cause injuries; (3) Defendant failed to close the transversalus fascia during the surgery; and (4) Defendant failed to provide appropriate post-operative care.
That nerve injury was one of the known risks of the surgery. Further, that informed consent was obtained. That the standard of care permitted defendant to use absorbable or nonabsorbable sutures to affix the mesh. Defendant denied that the mesh balled up as a result of his surgery. Defendant claimed that he closed the transversalus fascia and provided appropriate post-operative care.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Nerve damage in the right inguinal area into the right thigh causing constant pain and impairing his activities of daily living.
- Special Damages Claimed - Past Medical: $16,503
- Special Damages Claimed - Past Lost Earnings: $6,705
Demands and Offers
- Plaintiff §998 Demand: $199,999.99
- Defendant §998 Offer: Waiver of costs.