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Breach of Contract
Legal Malpractice
Negligence

Zachary Kai Adler v. Donald B. Caffray, Esq., et al.

Published: Dec. 2, 1995 | Result Date: Sep. 22, 1995 | Filing Date: Jan. 1, 1900 |

Case number: NC008829 –  $6,400,000

Judge

Gary J. Ferrari

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Dennis A. Schoville

Louis G. Arnell


Defendant

Lisa K. Skaist

Gary M. Lape
(Lewis Brisbois Bisgaard & Smith LLP)

B. Casey Yim

Mitchell S. Shapiro

Fumio R. Nakahiro


Experts

Plaintiff

Frank Mannino
(medical)

Robert Adams
(medical)

Mark E. Edwards
(technical)

David Paa
(medical)

Jeffrey P. Phelan
(medical)

Janet Green Babb
(medical)

Laurie Silverman
(technical)

Donna Barras
(medical)

Marjorie W. Day
(technical)

Robert H. Wallace
(technical)

Defendant

Roger Freeman
(medical)

Richard P. Booth
(technical)

Houchang Modanlou
(medical)

Ronald S. Katz
(medical)

Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)

Theodore Vavoulis
(technical)

Rowena Korbkin
(medical)

Julian Parer
(medical)

Perry R. Lubens M.D.
(medical)

Deborah A. David
(technical)

Sheldon Gross
(medical)

Facts

On August 19, 1982 at approximately 6:15 p.m. at the Santa Rosa Community Hospital, Beverly Adler's fetus was diagnosed by Dr. James Campisano (a Kaiser physician) as being in fetal distress. The baby was born with brain damage and cerebral palsy. Three years later the Adlers were contacted by Defendant Robert Militana, president of Defendant Medical Legal Consulting Service, Inc. who provided them with the identity of two attorneys, Defendants Delmer C. Gowing, III and Donald B. Caffray, who commenced a medical malpractice action against Kaiser and Dr. Campisano. Defendant attorneys stipulated to a binding arbitration; the arbitration was lost on a 2 to 1 vote.

Settlement Discussions

Plaintiff contends his demand was $2,000,000 and Defendants offered $50,000 pretrial; increased to $1,200,000 during trial.

Damages

The damages, their nature and estimated value, as claimed by Plaintiff prior to this result, were not disclosed.

Other Information

This case was filed on July 17, 1992; three years, two months, and five days prior to this result.

Deliberation

9 hours

Poll

varied

Length

2 months


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