Sascha Christian v. Mark Berman, M.D.
Published: Sep. 10, 2002 | Result Date: May 21, 2002 | Filing Date: Jan. 1, 1900 |Case number: SC059706 Bench Decision – $0
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
David J. Weiss
(Law Offices of David J. Weiss)
Experts
Plaintiff
Jeffrey E. Galpin M.D.
(medical)
Malcolm Lesavoy M.D.
(medical)
Defendant
Michael Churukian
(medical)
Nancy R. Kollisch
(medical)
Facts
Plaintiff Sascha Christian, a long-time patient at the defendant's office, presented to the defendant on Dec. 17,
1998, for a "fat-grafting" procedure and a TCA chemical peel on her face. On Dec. 19, the plaintiff underwent
dental treatment subsequent to the "fat-grafting" procedure and chemical peel. The plaintiff returned to the
defendant's office on Dec. 23 for a post-operative evaluation, and demonstrated "moderate edema" following
the "fat-grafting" procedure and TCA chemical peel.
On Jan. 11, 1999, the plaintiff presented to the defendant's office with multiple areas of echymosis and cystic
formations on the plaintiff's face. Samples of the areas of echymosis and cystic formations were removed, and
the defendant forwarded the samples to a laboratory for culture and sensitivity testing.
The defendant's initial request to the laboratory was made in January 1999. However, the specific species was
not conclusively identified by the laboratory until May 28, 1999. The plaintiff chose not to return to the
defendant's office until after an appointment on March 24, 1999. The plaintiff presented to various physicians,
including dermatologists and infectious disease specialists.
After several medical evaluations, the plaintiff elected to undergo reconstructive surgical
procedures, which included excisions of cystic lesions in the plaintiff's face.
Settlement Discussions
The defendant's statutory CCP Section 998 offer of $90,000 expired without acceptance by the plaintiff.
Damages
The plaintiff sought general damages of $250,000 and special damages for medical expenses associated with surgeries that had been performed by the second surgeon. The plaintiff also sought damages for past and future loss of income
Injuries
The plaintiff alleged that as a result of the care and treatment provided by the defendant, she suffered wounds, scars, abscesses, infections and general disfigurement.
Result
Motion for Non-Suit granted for the defendant.
Length
nine days
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