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Personal Injury
Medical Malpractice
Negligent Treatment

Janice Anderson, Roger Anderson v. Oleg K. Chikovani, M.D.

Published: May 16, 2009 | Result Date: Feb. 2, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 07CC01825 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

G. Scott Sobel
(Law Office of G Scott Sobel)


Defendant

Robert L. McKenna III
(Kjar, McKenna & Stockalper LLP)


Experts

Plaintiff

John Toton
(medical)

Defendant

Howard Tung M.D.
(medical)

Facts

On Oct. 13, 2005, Oleg Chikovani performed a posterior spinal fusion with instrumentation on Janice Anderson. Over a month later during continued hospitalization, the surgery failed with spinal fracture, requiring additional surgery with multi-level instrumentation and additional surgery. Consequently, Anderson brought an action against Chikovani for medical malpractice.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that Chikovani failed to properly advise her and suggested an unsuitable surgery.

DEFENDANT'S CONTENTIONS:
The defense argued that Chikovani acted within the standard of care.

Settlement Discussions

Pretrial C.C.P. section 998 offers: Janice Anderson, $150,000; Roger Anderson, $10,000.

Damages

Anderson requested more than $500,000.

Injuries

The plaintiff suffered a back fracture and her husband, Roger Anderson, claimed loss of consortium.

Result

The jury returned a defense verdict.

Other Information

INSURER: CAP/MPT insured Chikovani.

Deliberation

one day

Poll

12-0

Length

11 days


#85769

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