David A. Jones v. Harvey A. Zarem, Harvey A. Zarem, M.D. Inc. a Corporation, Gina Rockford
Published: Aug. 6, 2005 | Result Date: May 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC292136 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
John R. Blanchard
(Law Office of John R. Blanchard)
Defendant
Gillian N. Pluma
(LaFollette, Johnson, De Haas, Fesler & Ames APC)
Louis "Duke" DeHaas Jr.
(LaFollette, Johnson, De Haas, Fesler & Ames APC)
Experts
Plaintiff
Harvey Zaren
(medical)
Defendant
Timothy P. Creyaufmiller
(medical)
Lester M. Zackler M.D.
(medical)
Facts
On March 14, 2002, the plaintiff, David Jones, underwent extensive cosmetic surgery by the defendant, Dr.
Harvey Zarem, at Pacific Surgicenter. On March 18, 2003, he called Dr. Zarem to request additional pain
medication and spoke with the defendant, Gina Rockford, R.N., a surgical coordinator for Pacific Surgicenter.
His request was denied.
On or about March 18, 2003, a conversation took place between the plaintiff's employer and Rockford. According
to Rockford, the plaintiff's employer voiced his concerns as to the plaintiff's desire and ability to return to work
within a few days of surgery. Rockford allegedly told the plaintiff's employer that, in general, physicians do not
recommend that patients return to work too soon after surgery and if patients are on pain medication they do
not recommend that they drive. She also alleged that she told the employer that the plaintiff called her to get
some pain medication.
The plaintiff returned to work on March 22, 2002, and alleged that his employer told him that Rockford stated
that he was a drug abuser, for which he was allegedly suspended and subsequently terminated.
Injuries
Severe emotional distress and damage to his reputation, and loss of earnings and earning capacity.
Other Information
The plaintiff's claim for intentional interference with business relations was dismissed pursuant to a motion for a directed verdict.
Deliberation
1.5 hours
Poll
12-0 (on the issue of violation of the Confidentiality of Medical Information Act as to defendant Gina Rockford, R.N.), 12-0 (on the issue of slander per se as to defendant Gina Rockford, R.N.)
Length
eight days
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