Natalie Norwoods v. Michael M. Fanous, DPM, and Does 1-50, inclusive
Published: Jun. 28, 2024 | Result Date: Jan. 19, 2024 | Filing Date: Mar. 28, 2018 |Case number: CIVDS1806935 Verdict – $140,000
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Benjamin T. Ikuta
(Ikuta Hemesath LLP)
Michelle B. Hemesath
(Ikuta Hemesath LLP)
Defendant
C. Keith Greer
(Greer & Associates APC)
Jonathan M. Berger
(Greer & Associates APC)
Facts
Plaintiff Natalie Norwoods filed a medical malpractice lawsuit concerning a bunion surgery on her great left toe, alleging that Dr. Michael Fanous negligently placed a screw in her first metatarsophalangeal joint, leading to complications.
Contentions
PLAINTIFF'S CONTENTIONS: Norwoods argued that the improper placement of the screw caused her pain, disability, and necessitated additional surgeries.
DEFENDANT'S CONTENTIONS: Dr. Fanous contended that the screw placement was correct initially and that any migration occurred post-operatively. The defense highlighted the testimony of Dr. Nathan Soleymani, a treating podiatrist who asserted that Norwoods did not suffer permanent or future harm and noted the absence of damage to the cartilage related to the screw placement. The defense argued that Norwoods' ongoing symptoms were a continuation of pre-existing conditions, not a result of the surgery. Defendant argued that Norwoods' similar problems to her opposite right foot highlighted that her issues were genetic in nature.
Settlement Discussions
Before trial, the plaintiff demanded $125,000, while the defense's best offer was $36,000. Dr. Fanous' medical malpractice insurance carrier was Medical Protective.
Result
Verdict for $140,000 total ($37,000 past economic damages; $103,000 past non-economic damages)
Poll
10-2
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