James N. Webster and Janeane Webster v. Deane Jacques, M.D.
Published: Apr. 8, 2000 | Result Date: Dec. 21, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC167398 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Donald C. Fesler
(La Follette, Johnson, De Haas, Fesler & Ames)
Facts
In 1989, James Webster, a 48-year-old programmer, was diagnosed with ParkinsonÆs disease. Over the next few years, he tried various medications to control his symptoms, all without success. In early 1994, Webster read a newspaper article about an experimental fetal tissue transplant operation being performed at Good Samaritan Hospital in Los Angeles for ParkinsonÆs disease. After checking out a limited number of other facilities where the operation was performed, Webster decided to undergo his surgery at Good Samaritan Hospital.
According to Webster, the only person with whom he and his wife had any real contact at Good Samaritan Hospital both before and after the surgery was Dr. Oleg Kopyov. Kopyov was a Soviet-trained neurosurgeon who was not licensed to practice medicine in California. The plaintiffs alleged that he engaged in the practice of medicine before, during and after surgery.
According to the Websters, Kopyov told them that he was the inventor of the procedure and that he would perform it. The experimental surgery, however, was actually performed by Dr. Deane Jacques at Good Samaritan Hospital. Post-operatively, Webster allegedly received inappropriate discharge instructions from Kopyov.
In this regard, Webster was allegedly instructed by Kopyov to return to Utah - where he then lived - and to exercise as much as possible, even to the point of over-exerting himself because such activity would stimulate the growth of fetal cells which had been implanted in his brain.
On Sept. 12, 1994, Webster suffered a massive left parietal stroke. When he was taken to surgery for the performance of a craniotomy to remove the six-by-six centimeter hemorrhage, brain tissue was also removed. As a consequence, Webster claimed that he suffered extensive brain damage and was no longer able to pursue his computer business. Plaintiffs James and Janeane Webster thereafter sought personal injury damages arising out of James WebsterÆs experimental fetal tissue transplant surgery.
The trial was in two phases: defendantÆs alleged statute of limitations defense, and liability and damages.
Deliberation
three hours
Poll
11-1
Length
14 days
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