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    • Daniel Garber v. Mannie Joel

    Apr. 12, 2005
    Verdicts and settlements
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    Personal Injury
    Medical Malpractice
    Lack of Informed Consent

    Daniel Garber v. Mannie Joel

    Published: Apr. 12, 2005 | Result Date: May 25, 2004 | Filing Date: Jan. 1, 1900 |
    Case number: V0193405 Verdict –  $0

    Judge

    Julia Talmon Spain

    Court

    Alameda Superior


    Attorneys

    Plaintiff

    Bruce Albion Bailey


    Defendant

    Ricardo A. Martinez
    (McNamara,Ney,Beatty,Slattery,Borges & Ambacher LLP)


    Experts

    Plaintiff

    Patrick F. Mason Ph.D.
    (technical)

    Steven D. Feinberg
    (medical)

    Kevin D. Harrington
    (medical)

    Michael S. Leong
    (medical)

    Defendant

    Thomas G. Sampson M.D.
    (medical)

    Joanna Moss
    (technical)

    Lorne G. Eltherington
    (medical)

    Brad Piatt
    (medical)

    Facts

    Plaintiff Daniel Garber was a 48-year-old sheet metal worker when he injured his back while lifting a 400-pound metal locker. The plaintiff's physician referred him to defendant Mannie Joel, a pain management specialist, for treatment. The defendant performed various procedures, including the implantation of a spinal cord stimulator and intrathecal pump. When the plaintiff began pain management treatment with a different doctor, the spinal cord stimulator and intrathecal pump were explanted. Thereafter, the plaintiff received a permanent disability rating for the purpose of his workers' compensation benefits.

    Settlement Discussions

    The plaintiff made a C.C.P. Section 998 demand of $400,000. The defendant offered a C.C.P. Section 998 mutual waiver of cost.

    Injuries

    The plaintiff claimed permanent gastrointestinal and dental problems. He also claimed arachnoiditis, scarring and nerve damage.

    Deliberation

    one hour

    Poll

    12-0

    Length

    20 days


    #85492

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