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
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