Kali v. Young et al.

San Diego County

Superior Court Judge John S. Meyer

$105.365 million

Plaintiff's Lawyers: Bibianne U. Fell, Patrick C. Stormes-Swan, Gomez Trial Attorneys

Defense Lawyer: Conrad F. Joyner Jr., San Luis Rey

Bibianne U. Fell of Gomez Trial Attorneys represents a woman diagnosed with breast cancer, Dawn Kali, who sued over the non-traditional treatment she received from Robert O. Young, whose series of popular "pH Miracle" books asserted that he could treat the disease without surgery or chemotherapy. After a week-long trial, jurors in October awarded her $105,365,000.

In January, San Diego County Superior Court Judge John S. Meyer cut the sum to $28 million, with the option that Kali can retry the matter. Young said Kali feels the pressure to take the lesser amount "because she doesn't have much time left." Kali v. Young et al., 37-2015-00043052 (San Diego County Sup. Ct., filed Dec. 8, 2015).

Defense counsel Conrad F. Joyner Jr. said he substituted into the case shortly before trial and was unable to get before the jury evidence that high alkalinity is linked to disease. He said he is now off the case. Post-trial proceedings are ongoing.

"The award was not in line with the evidence," he said. "At least two jurors voted negative on causation."

Kali believed so strongly in Young's claims that she left her job to work for Young at his 48-acre ranch in San Diego County, Fell said.

But when Kali's cancer advanced from stage one to stage four on Young's dietary regimen of liquefied raw vegetables and injections of baking soda -- which supposedly counter the body's acidity, said by Young to be the root of disease -- Kali accused Young of fraud.

Fell first called an oncologist to the stand. "He was very credible, he set the tone," she said. Then Fell asked Young to take the stand. "I knew the truth so it came across to me like a bunch of BS, but I was worried. He presented very well. He's very charming," she said.

Part of Young's defense was that some of his theories are so eccentric that Kali's reliance on them was unreasonable. "Because she worked for him to pay for her treatment, they claimed she was part of the problem, not just a victim," Fell said.

Fell asked for less than half the amount than jurors awarded. After three and a half hours of deliberation, the jury entered the courtroom stone-faced, Fell said. "I had no idea what they were going to do. But when it was over, they stayed behind to talk and it became clear they were convinced. I asked why they gave her so much and they told me Dawn was worth it."

During the trial, the defense offered $50,000. The defendant's insurance policy limit is $2 million. Fell said she hopes Young has to sell his ranch.

"Many of his victims' families want to see it shut down," she said. "The victims spent their last days being tortured on his diet and injections, plus his emotional abuse. He took their pain meds away. He'd tell them their negative thinking was the problem."

-- John Roemer