Burton S. Armus v. Good Samaritan Hospital, Michael Bellino, Joel M. Matta, Joel M. Matta, M.D. Inc.
Published: Aug. 10, 2004 | Result Date: Mar. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC271710 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mitchell J. Freedman
(technical)
John Toton
(medical)
Stu Billet
(technical)
Facts
Burton Armus, a 64-year-old writer and show producer, underwent hip surgery on Jan. 11, 2001, to remove a heterotopic ossification. Orthopedic surgeon Joel Matta performed the operation at Good Samaritan Hospital, assisted by Michael Bellino, his orthopedic surgery fellow. Armus' sciatic nerve was partially severed during the surgery, leaving him with a permanent disability. Bellino had signed an informed consent form the day of the surgery, indicating that he had discussed the risks of surgery with Armus. Armus also signed the form. Good Samaritan Hospital policy indicated that an informed consent form expires after 30 days.
Specials in Evidence
$2 million
Damages
Armus claimed that the injury prevented him from engaging in his employment as a showrunner, his primary source of income.
Injuries
Armus suffered a partial laceration of the sciatic nerve, which resulted in foot drop and the need to wear a brace.
Result
The jury found for Good Samaritan and Bellino, but could not decide whether the Matta defendants were liable. Defense counsel indicated that the jury reported that it was unable to decide on Matta's standard of care, but felt that Armus would have had the surgery regardless of his knowledge of the risk of nerve damage. Armus then dismissed the case against Matta and his practice for a waiver of costs.
Deliberation
two days
Poll
12-0 (Good Samaritan Hospital and Bellino), 7-5 (Matta defendants)
Length
six days
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