Facts

Plaintiff Sandra Baca, 67, suffered esophageal perforation during Lap Band surgery performed by defendants Shahram Salimitari, M.D dba Your Lap Band Center.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was not a Lap Band surgical candidate, since her body mass index was fraudulently obtained. All medical records indicated that plaintiff was not 5'2" as defendants alleged, but 5'3 ½" and therefore her BMI was not at the threshold to be a proper candidate for the operation. Plaintiff argued that defendant was being paid $30,000 by the insurance company per operation and was performing 300 operations a year. Plaintiffs further contended that informed consent was not given prior to the surgery, since Baca first met her surgeon 5 minutes prior to surgery. In addition, plaintiff contended that her injury occurred during repair of a para-esophageal hernia by the surgeon prior to placement of the Lap Band.

DEFENDANTS' CONTENTIONS:
Defendants contended that Baca was appropriately assessed and cleared as a surgical candidate. The only evidence of Baca's weight and height being taken to calculate whether her BMI was proper for the planned surgery was the height and weight that were measured at Your Lap Band Center. Defendants further contended that the cause of the injury was due to the placement of the calibration tube by the anesthesiologist, who was already found to be not negligent, and not during repair of the hiatal hernia.

Damages

Plaintiff's husband, Fernando Baca, claimed loss of consortium.

Result

Defense verdict.

Other Information

FILING DATE: Feb. 22, 2011.

Deliberation

two hours

Length

13 days