This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Medical Malpractice
Failure to Diagnose

Richard Gunter and Cathy Gunter v. Michael Schneier M.D., Rami Moustafa Shaaraway M.D., West Hills Hospital and Medical Center, and Does 1 to 10

Published: Jun. 11, 2016 | Result Date: Jan. 15, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC518360 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Craig S. Steinberg
(Craig S. Steinberg Attorney at Law)


Defendant

Jon R. Schwalbach
(Kjar, McKenna & Stockalper LLP)

James J. Kjar
(Kjar, McKenna & Stockalper LLP)


Facts

Neurosurgeon Michael Schneier, M.D., performed two surgeries on Richard Gunter, 62. One was on the lumbar region of his back and the other was on the cervical region of his back. Subsequently Gunter sued Dr. Schneier, and others, for medical negligence (medical malpractice) and negligence. Trial proceeded against Dr. Schneier only.

Contentions

PLAINTIFFS' CONTENTIONS:
Gunter contended that Dr. Schneier failed to meet the applicable standard of care. He claimed that his pain got worse after the surgeries and that he was required to undergo revision surgeries, which helped alleviate some of his pain. He claimed, however, that he remained disabled and unable to work.

DEFENDANT'S CONTENTIONS:
Dr. Schneier contended that he complied with the standard of care. Furthermore, he argued that Gunter was diagnosed with ALS, or Lou Gehrig's disease, around the same time of the surgeries. Defendant claimed that plaintiff's symptoms could be attributed to the ALS, not the surgeries.

Damages

Mr. Gunter sought over $1 million in damages. His wife, Cathy Gunter, sued for loss of consortium.

Result

The jury returned a defense verdict.

Other Information

FILING DATE: Aug. 15, 2013.


#83254

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390