Facts

On Feb. 5, 2010, defendant Dr. Terrence Aragoni of Bosley Medical Group Inc. performed an elective hair transplant procedure on plaintiff Ghorban Ali Salmanzadeh, 70, whose wife, Julie Salmanzadeh, was present. The patient, who suffered from hypertension and diabetes, was given blood pressure medication before the procedure began. He suffered a stroke, and sued the doctor and Bosley Medical Group for medical malpractice.

Plaintiff's wife sued for loss of consortium.

Plaintiff alleged fraud by misrepresenting the nature of the procedure (moving individual hairs versus surgically removing part of the scalp to harvest hairs), but this cause of action did not go to the jury.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was at a higher risk for stroke due to his medical conditions, but defendants did not recognize the signs of a stroke. Plaintiff claimed that defendants failed to perform a prior complete physical examination, or monitor plaintiff's vital signs during the procedure. Further, plaintiff alleged that defendants failed to stop the procedure although he convulsed while it was underway, and failed to perform a physical examination after the procedure even though plaintiff could not get up, walk, or talk.

Plaintiff contends that Mrs. Salmanzadeh called Bosley to find out why her husband wasn't coming out of anesthesia but was told that it was due to the Vicodin she was required to give to her husband. Thus, Bosley Inc. concealed the problem.

DEFENDANT'S CONTENTIONS:
Defendants denied the allegations, and argued that the stroke occurred days after the surgery. They also argued that plaintiff failed to take care of himself and his medical conditions and failed to disclose his existing serious medical conditions prior to the procedure.

Settlement Discussions

Plaintiff demanded $11 million and defendants offered to waive costs.

Injuries

Plaintiff suffered a stroke of the left middle cerebral artery, limited speech, and memory impairment. Plaintiff injuries also included inability to walk and inability to return to work as a jeweler.

Result

The jury awarded plaintiff $1,915,000 in total damages and plaintiff's wife $600,000. The jury found defendant Bosley Medical Group and Aragoni 45 percent at fault, plaintiff was found 45 percent at fault and plaintiff's wife 10 percent at fault. Bosley Inc. was found 0 percent at fault. The jury rendered a defense verdict in favor of defendant Bosley Inc. The Court granted nonsuit on the fraud and intentional tort causes of action. The Court reduced the verdict to conform to MICRA. Bosley Inc. is entitled to $7,295 in costs.