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 (Non-Vehicular)
Medical Malpractice
Lack of Informed Consent

Josef Youmtoub v. Thomas Rosanelli, M.D.

Published: Feb. 7, 1998 | Result Date: Sep. 16, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 973653 Verdict –  $0

Judge

Raymond J. Arata Jr.

Court

San Francisco Superior


Attorneys

Plaintiff

Rey Hassan

Gregory Bell


Defendant

David B. Paynter

Paul Ellis Baron


Experts

Plaintiff

Susan Grant
(technical)

Kent S. Carson
(medical)

Defendant

Martin Bell
(medical)

Facts

In August and November 1994, plaintiff Josef Youmtoub, a 39-year-old contractor, suffered from male pattern baldness. In August 1994, the plaintiff went to defendant Dr. Thomas Rosanelli for hair restoration surgery. The plaintiff underwent two scalp reduction surgeries but did not return for his skin grafting and transplant sessions. The plaintiff brought this action against the defendant alleging lack of informed consent and unnecessary surgery theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $550,000. The defendant made an offer of $2,999, later withdrawn, then made a C.C.P. º998 offer for a waiver of costs.

Damages

The plaintiff asked for specials, plus $90,000 - $1.35 million in general damages ($8,000 to $9,000 per year, for a 40-year lifespan, for top quality hairpieces).

Other Information

The verdict was reached approximately two years and one month after the case was filed. A settlement conference was held in August 1997, before Judge Alex Saldamando of the San Francisco Superior Court resulting in disagreement.

Deliberation

1+ hours

Poll

11-1 (surgery not obsolete); 9-3 (consent)

Length

five days


#87292

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

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