Omid Badie v. John Saad, Florian Limjoco
Published: Jul. 26, 2001 | Result Date: Jul. 17, 2001 | Filing Date: Jan. 1, 1900 |Case number: 735411 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Russell F. Behjatnia
(Law Office of Russell F. Behjatnia)
Defendant
Barton H. Hegeler
(Hegeler & Anderson APC)
Storm P. Anderson
(Hegeler & Anderson APC)
Experts
Plaintiff
Hossain Sahlolbei
(medical)
David P. Rinehart
(technical)
William Kline
(medical)
Defendant
Julie Ann Freischlag
(medical)
Terence Davidson
(medical)
Henry W. Jones III
(medical)
Facts
The plaintiff, a channel products manager for Hewlett-Packard, was 31 years old in 1996. He had persistent
bilateral masses in his neck. These were allegedly misappreciated by the examining physicians, despite the fact
that the plaintiff was able to palpate them from 1996 until the time of diagnosis in 1998.
The plaintiff contended that as a result of the delay in diagnosing the tumors, the surgery to remove the right-
sided tumor was more difficult and resulted in vasospasm. This caused the plaintiff to suffer a stroke and
resulting paralysis.
The defendants maintained that the carotid body tumors were not palpable or within a reasonable diagnostic
threshold prior to June of 1998, when magnetic imaging resonance was performed.
The defendants contended that the tumor should not have been diagnosed at an earlier time based on the
anatomic location of the masses (deep within the tissues of the neck, medial to the mandible) and the fact that
the plaintiff was overweight and had a relatively short neck (resulting in an increased amount of adipose tissue
obscuring palpitation).
Specials in Evidence
$20,000 (related to experimental medical treatment in Orange County) $900,000 - $1.7 million
Injuries
The plaintiff suffered a stroke, resulting in permanent paralysis and diminished cognitive abilities. As a result of his injuries, the plaintiff has significant problems with motor skills on his left side, including a pronounced limp, limited left arm strength and virtually no use of his left hand. The plaintiff also reports bladder and bowel control problems.
Poll
11-1 (on standard of care as to both Dr. Saad and Dr. Limjoco)
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