National Verdicts

Amount:

$573,208

Type:

Verdict-Plaintiff

State:

California

Venue:

Los Angeles County

Injury Type(s):

Case Type:

Medical Malpractice – Surgical Error, Surgeon, Negligent Treatment

Case Name:

Farshid Enteghami v. Adel F. Jabour, M.D.

Date:

April 24, 2013

Plaintiff(s):

Farshid Enteghami (Male, 55 Years)

Plaintiff Attorney(s):

Bradley A. Snyder;
Snyder Dorenfeld LLP;
Agoura Hills,
CA,
for
Farshid Enteghami

Plaintiff Expert(s):

David Grischkan M.D.;
General Surgery;
Cleveland,
OH called by:
Farshid Enteghami

Defendant(s):

Adel F. Jabour, M.D.

Defense Attorney(s):

Patrick W. Mayer;
Schmid & Voiles;
Los Angeles,
CA,
for
Adel F. Jabour, M.D.

Defendent Expert(s):

Kenneth Deck; General Surgery;
Laguna Hills,
CA for
Adel F. Jabour, M.D.

Insurer(s):

Cooperative of American Physicians Inc./Mutual Protection Trust (CAP/MPT)

On April 30, 2009, plaintiff Farshid Enteghami, 55, a pool maintenance person, underwent an open, right inguinal hernia surgery by Adel Jabour, M.D., a general surgeon. After the surgery, Enteghami claimed he continued to experience pain and discomfort. Subsequently, Enteghami had three additional surgeries in the right inguinal region, imaging studies, nerve blocks and pain medication. Enteghami sued Jabour, alleging that the doctor failed to properly perform the surgery and that this failure constituted medical malpractice. Plaintiff’s counsel argued that the subject surgery was performed below the standard of care. He contended that Jabour damaged Enteghami’s nerve(s) during the surgery and failed to recognize the injury before closing. He also contended that Jabour failed to affix the mesh with non-absorbable sutures, as required by the standard of care, and that failing to do so allowed the mesh to fold up, migrate and cause injuries to Enteghami. In addition, plaintiff’s counsel contended that Jabour failed to close the transversalis fascia during the surgery and failed to provide appropriate post-operative care by offering re-surgery. Defense counsel contended that nerve injury was one of the known risks of the surgery and that Enteghami’s informed consent was obtained. Jabour claimed the standard of care permitted him to use absorbable or non-absorbable sutures to affix the mesh, and he denied the mesh balled up as a result of the surgery. He also claimed that he closed the transversalis fascia and provided appropriate post-operative care. In addition, defense counsel contended that Enteghami formed a new hernia in a different location, outside the area of the mesh, and that the subsequent surgeries were for the removal of the mesh and for the cutting of nerves to treat post-herniorrhaphy syndrome, which occurs in the absence of negligence.

Enteghami claimed he sustained nerve damage in the right inguinal area into the right thigh. He claimed that as a result, he suffered constant pain, impairing his activities of daily living and making him unable to engage in the same level of work activities. Enteghami subsequently required three additional surgeries over the following four years. He also required imaging studies, nerve blocks and pain medication, which will be ongoing. Enteghami took time off from work, but returned in a limited capacity. Thus, Enteghami sought recovery of $16,503 in past unreimbursed medical costs and $6,705 in past lost earnings.

The jury found that Jabour was negligent and returned a verdict for Enteghami. It also found that Enteghami’s damages totaled $573,208.<br/>

Farshid Enteghami$16,503 Personal Injury: unreimbursed medical expenses$6,705 Personal Injury: loss of earnings$300,000 Personal Injury: past non-economic damages$250,000 Personal Injury: future non-economic damages

Actual Award:

$273208

Judge:

Randy Rhodes

Demand:

$199,999.99 (C.C.P. § 998)

Offer:

Waiver of costs (C.C.P. § 998)

Trial Length:

5
 days

Trial Deliberations:

1
 days

Jury Vote:

9-3 negligence; 10-2 causation; 11-1 damages

Post Trial:

The total judgment was reduced pursuant to MICRA. Plus, expert witness fees, ordinary costs and prejudgment interest have been paid pursuant to a post-verdict settlement, and the case has been dismissed. Thus, Enteghami’s recovery was $273,208.

This report is based on information that was provided by plaintiff’s and defense counsel.