James Looney, et al. v. Stephen D. Herman, M.D., et al.
Published: Sep. 3, 1994 | Result Date: Jul. 29, 1994 | Filing Date: Jan. 1, 1900 |Case number: BC040311 – $2,725,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Christopher A. Datomi
(Manning & Kass Ellrod Ramirez Trester LLP)
David J. O'Keefe
(Bonne Bridges Mueller O'Keefe & Nichols)
Experts
Plaintiff
Marcus Conorant
(medical)
Donald Francis
(medical)
Peter R. Wolfe
(medical)
John Crunute
(medical)
Defendant
Eugene I. Saxon
(medical)
Stephen I. Miles
(medical)
Alan Donelson
(medical)
Facts
Five Plaintiffs alleged a conspiracy existed from 1988 through 1991 among the following Defendants: Medical Center of North Hollywood (MCNH); members of the hospital staff; Dr. Valentine Birds; Dr. Rajindra Sethi (the surgeon); and others -- to promote the use of an illegal drug, called "Viroxan," in the treatment of AIDS. Plaintiffs' ages ranged from 28 to 49; and their occupations included house painting, photography, acting, aerospace, and computers. Plaintiffs took the drug for a period ranging from 1-13 months in lieu of obtaining recommended treatment such as AZT.
Settlement Discussions
Plaintiffs contend their demand was between $1,000,000 and $2,000,000; and Defendants offered nothing. Defendants contend that Plaintiffs demanded $1,000,000 for each Plaintiff.
Damages
$925,000 general damages.
Other Information
The patients who brought the suit are still alive and none of them are currently in the hospital. The inventor of Viroxan, Dr. Stephen D. Herman, was arrested in 1990 in what state medical authorities said was the first action taken against AIDS quackery in California; he later gave up his medical license. Herman was originally named in the suit, but was dropped from the list of Defendants, on the eve of trial, after he declared bankruptcy.
Deliberation
3 weeks
Poll
not taken
Length
5 months
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