Janet Wormer v. Misak Barsamian, M.D.
Published: Apr. 22, 2000 | Result Date: Dec. 9, 1999 | Filing Date: Jan. 1, 1900 |Case number: EC009086A Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Donald C. Fesler
(La Follette, Johnson, De Haas, Fesler & Ames)
Facts
On Oct. 14, 1990, plaintiff Janet Wormer, then 33, underwent a right ovarian cystectomy. Defendant Dr. Misak
Barsamian performed the surgery at the St. JosephÆs Medical Center in Burbank. After the surgery, plaintiff
was allegedly not informed that Barsamian had inadvertently removed "large pieces of ovarian cortex" during
the procedure.
Post-operatively, after plaintiff was discharged from the hospital, plaintiff purportedly experienced a number of
problems, including total cessation of her menstrual period and infertility.
Prior to the surgery, plaintiff allegedly believed that she was only going to have a laparoscopic procedure.
However, when plaintiff was discharged from the hospital, she had a "hip to hip" incision from BarsamianÆs
laparotomy.
Subsequently, plaintiff consulted with another OB/GYN, Dr. Thomas Wormuth, who
performed a laparoscopic procedure and diagnosed severe abdominal adhesions. Following this
surgery, Wormuth informed plaintiff that three-quarters of her right ovary had been removed
during defendantÆs surgery.
Settlement Discussions
The plaintiffÆs pretrial demand was $100,000, while the defendant made no settlement offer.
Damages
The plaintiff claimed damages stemming from the post-operative adhesions, infertility from the removal of a large portion of her right ovary and ultimately, a total abdominal hysterectomy.
Poll
9-3 (in favor of plaintiff that defendant did not disclose all relevant information to her), 11-1 (in favor of defendant that a reasonable person in plaintiff's position would have consented to the laparotomy if properly informed), 12-0 (in favor of defendant that there was no medical negligence)
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390