Michael Breddan and Lucille Breddan v. Mal Fobi, M.D.
Published: Apr. 5, 1997 | Result Date: Mar. 17, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC107865 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Irving Croshier
(medical)
Robert Cole
(medical)
Facts
On May 14, 1991, plaintiff Michael Breddan, a 55-year-old motion picture editor, underwent gastric surgery (Fobi pouch procedure) for morbid obesity at Cedars-Sinai Hospital. Subsequently, the plaintiff husband's weight went from 350 to 205 pounds. On April 8, 1993, the plaintiff husband underwent surgery for a panniculectomy (removal of fatty apron), hernia repair and scar revisions. The plaintiff husband claimed that following the second surgery, he had recurrent nightmares that his stomach opens up and all his insides come out. The plaintiffs, husband and wife, brought this action against the defendant based on medical malpractice, lack of informed consent and loss of consortium theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $29,999. The defendant made no settlement offers.
Specials in Evidence
$14,500 (for both plaintiffs for therapy) $3,000
Damages
At trial, the plaintiffs' attorney asked the court to award $100,000 to each plaintiff.
Injuries
The plaintiff husband alleged he suffered recurrent nightmares about the gastric surgery he underwent. The plaintiff husband also alleged he suffered pain, severe scars, emotional trauma, depression, fear and anxiety. The plaintiff wife claimed loss of consortium.
Other Information
The verdict was reached approximately two years and six months after the case was filed. An arbitration was held on April 11, 1995 before Robert Dourian, Esq., resulting in an award to the plaintiff husband of $50,000 and to the plaintiff wife of $2,500.
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