Judith Gabriel; Shannon White v. Habibi
Published: Jun. 20, 1998 | Result Date: Apr. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC162534 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert W. Rand
(medical)
Stephen L.G. Rothman M.D.
(medical)
Isaac Schmidt
(medical)
Defendant
Edward J. O'Connor
(Solomon Ward Seidenwurm & Smith LLP)
(medical)
Martin H. Weiss M.D.
(medical)
Facts
On Dec. 20, 1994, plaintiffs Judith Gabriel and her then 19-year-old son, Shannon White, were involved in an automobile accident. That accident gave rise to litigation. During the course of the automobile case, the plaintiffs sought neurosurgical evaluation from defendant Dr. Mehdi Habibi, an orthopedic surgeon. Defendant Habibi had previously performed lumbar spine surgery on plaintiff Gabriel in 1988. Habibi ordered MRI studies for each plaintiff which showed abnormalities in the lumbar spine. The plaintiffs complained of ongoing neurological deficits. On Feb. 1, 1995, plaintiff Gabriel was taken into surgery for lumbar laminectomy and discectomy. On Nov. 1, plaintiff White was taken into surgery for lumbar laminectomy and discectomy. Following these surgeries, the plaintiffs each received $150,000 in settlement of their automobile case. Shortly thereafter, the plaintiffs filed this action against Habibi, claiming that the surgeries performed were not necessary and not indicated by the radiologic evidence.
Settlement Discussions
Each plaintiff sent demands, pursuant to C.C.P. º998 in the amount of $249,000. Defendant offered to waive costs in exchange for a dismissal.
Specials in Evidence
$32,000 (Judith); $1,660,000 (Shannon)
Damages
Each plaintiff claimed in excess of $250,000 in non-economic damages. Plaintiff Gabriel claimed $32,000 in lost earnings. Plaintiff White claimed $1,660,000 in loss of earnings and earning capacity.
Other Information
The verdict was reached approximately ______ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ______/___/19__ before _____________ (name) of __________ (affiliation) resulting in _____________. PLEASE DESCRIBE ANY SIGNIFICANT LEGAL/PROCEDURAL ISSUES WHICH HELP EXPLAIN THE OUTCOME.______________________.
Deliberation
one hour
Poll
12-0
Length
10 days
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