Andrew Weiss Tanoos v. Tarzana Treatment Centers Inc.
Published: May 22, 2020 | Result Date: Nov. 6, 2019 | Filing Date: Oct. 17, 2017 |Case number: BC680079 Verdict – 3,493,347
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Eric J. Dubin
(Dubin Law Firm)
Annee M. DellaDonna
(Law Office of Annee DellaDonna)
Defendant
Cary L. Wood
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Plaintiff Andrew Tanoos was treating for an opioid addiction at the Tarzana Treatment Center Inc, rehabilitation center when he fractured his neck and back falling out a top bunk bed with no safety railing.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was suffering pain daily, and that he needed 47 years of treatment with Ketamine, the opioid alternative drug, which plaintiff was getting infused once a month.
Plaintiff contended he left Tarzana Treatment Center with a lifetime medical need to take the very same opioids he went for help to quit.
Plaintiff's treating doctor testified Ketamine was saving plaintiff's life.
Plaintiff contended that defendant's expert boasted about an 85 percent success rate with Ketamine for neuropathic pain on his Instagram account but testified otherwise in this case.
DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff was a drug user, that all his fractures had healed, and that any pain he suffered was minimal with no future treatment needed. Defendant argued that plaintiff should not be awarded anything for medical costs.
Defendant brought in a Ketamine expert who testified Ketamine should absolutely not be used to treat spinal or neuropathic pain. The expert testified that Ketamine was a dangerous street drug and treatment should stop immediately.
Settlement Discussions
Plaintiff demanded $4.9 million. Defendant offered $400,000 before trial.
Specials in Evidence
Meds: $3,000 hospital; $180,000 past Ketamine treatment Future Meds: $700,000
Injuries
Plaintiff suffered a fractured neck and back.
Result
The jury reached a verdict for plaintiff and awarded him $3,493,347.
Deliberation
two hours
Poll
12-0 most counts
Length
six days
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