Facts

This case concerns the wrongful death of Allen W. Lee, a 54-year-old man who died on Aug. 2, 2004, shortly after a liver resection conducted by Dr. Assad Hassoun at a California Pacific Medical Center in San Francisco.

During the hepatectomy (excision of part of the liver), Dr. Hassoun utilized a stapler device manufactured by product defendant. During the procedure, Lee sustained massive and uncontrollable bleeding.

Lee died of a consequential cardiac arrest within the hospital's intensive care unit shortly after the surgery.

Dr. Hassoun took the position that the surgical device misfired and reported that misfiring throughout the medical records. However, Dr. Hassoun discarded the surgical device shortly after the surgery.

The decedent's two surviving sons, Lamar and Christopher, bring the wrongful death action alleging medical malpractice against Dr. Hassoun, M.D, and for strict products liability and negligence for failure to warn against product defendants.
Both of these defendants brought their respective motions for summary judgment, and upon the filing of plaintiffs' respective oppositions, said motions were voluntarily taken off-calendar by the moving parties.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the surgical stapler was defective in design and in warnings. The plaintiffs also contended that Dr. Hassoun was medically negligent in the operation.

DEFENDANTS' CONTENTIONS:
The defendants contended the product was safe in design and had appropriate warnings.

Result

The case settled at mediation for $120,000.