Facts

On Sept. 8, 2004, Karim Khosravi, 60, a retired accountant, fell from a ladder at his home and injured his back. Khosravi was taken to John Muir Medical Center in Walnut Creek and admitted with incomplete paraplegia. Dr. Hieu Ball, an orthopedic surgeon, recommended surgery if Khosravi did not improve. Khosravi did not improve and suffered from weakness in his lower extremities. He was taken into surgery for a lamnienctomy (the lamina of the vertebra is removed to relieve pressure on the spinal cord). Dr. Ball also performed a partial discectomy, the removal of herniated disc material. After the surgery, Khosravi was a complete paraplegic. Dr. Ball performed another surgery to remove additional disc material on the anterior side of the spinal cord but this did not improve Khosravi's condition. Khosravi developed complete paraplegia in his lower back.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued Ball and several other parties. He contended that the initial procedure should have been done anteriorly and that the posterior laminectomy caused blood loss to the spinal cord, which led to the paraplegia.

DEFENDANT'S CONTENTIONS:
Defendant Ball argued that Khosravi's condition was not caused by negligent medical care, but by the fall itself. Ball contended that Khosravi had preexisting stenosis and showed a CT that had been performed in May 2004 for pneumonia which indicated preexisting stenosis.

Damages

The plaintiff sought $2.5 million for past and future medical costs and $3.6 million in pain and suffering.

Injuries

The plaintiff suffered from partial paraplegia after the fall and after surgery experienced complete paraplegia.

Result

The jury returned a verdict for defendant. The jury found defendant not liable for plaintiff's injuries.

Deliberation

1.75 hours

Poll

12-0

Length

13 days