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2018 - Third Quarter

Table of Contents
October 1, 2018

Notable This Quarter

Medical Malpractice Trials

Thompson v. David R. Tenhulzen, MD, DMD, PC et al., Multnomah County Case No. 1306-08612

Plaintiff was a patient of defendant oral surgeon and alleged that during the removal of her wisdom teeth, defendant severed her right lingual nerve.  She alleged that defendant was negligent by failing to identify the lingual nerve by visual or radiographic examination during the surgical procedure and by failing to inform plaintiff of the risks of the procedure including the potential for nerve damage.  Defendant denied that his treatment of Plaintiff fell below the standard of care.  Defense Verdict.

Booker v. Boskind and Adventist Health, Multnomah County Case No. 17CV16885

Plaintiff Booker had a history of arterial occlusive disease. He had stents placed in his right leg in 2007. He was advised to quit smoking. In 2014 he had a femoral – femoral bypass surgery in which Dr. Boskind participated. Testing after his surgery continued to indicate that Mr. Booker’s lower extremity blood pressure was abnormal. However, a lower extremity arterial duplex indicated that Booker was getting blood flow through collateral circulation. Booker was having leg pain that his doctors did not believe was related to the vascular surgery but rather was due to his history of lower back issues. Mr. Booker had surgery on his lower back by a neurosurgeon in February 2015. Booker returned to Defendant Adventist and Dr. Boskind in April of 2015 and Boskind noted that Booker’s recent studies indicated thrombosis in the femoral-femoral bypass and in the left iliac artery. Boskind again counseled Booker to quit smoking. Boskind ordered a CTA which indicated severe occlusions in the aorta, iliac arteries and in the femoral-femoral bypass. However, he still had blood flow to his lower extremities via collateral circulation.

Dr. Boskind recommended surgery to re-establish blood flow through via an axillary artery and perform a thrombectomy of the femoral-femoral bypass. On the date of Mr. Booker’s surgery, Dr. Boskind discovered an infected wound that would be in the surgical site. He advised that the surgery be delayed until the infected wound could heal due to risk of surgical wound infection. Ultimately, Mr. Booker’s wound failed to heal but the infection was so close to the graft that the decision was made to proceed with surgery. After the surgery Booker complained of permanent injuries to his lower extremities including left foot drop. Booker alleged that Boskind and Adventist Health were negligent for delaying treatment and not adequately informing him of the risks and benefits of delaying treatment. He sought $1.5 Million for past and future medical expenses and $2.0 Million for non-economic damages. Boskind and Adventist denied that they failed to meet the standard of care or that their care was a cause of Booker’s injuries. Defense Verdict.

MVA Trials

Zurek v. Manning and Miller, Multnomah County Case No. 16CV19822

This case arises out of two automobile accidents that occurred over a year apart. Both defendants took responsibility for causing their respective crashes and that the crashes caused Plaintiff Zurek some injury. Plaintiff claimed that the first crash caused him to suffer non-surgical disc injuries to his neck and back and that the second crash aggravated those injuries. Plaintiff sought damages in the first crash from for past medical expenses totaling $25,088.00. He sought past medical expenses from the second crash in the amount of $11,257.00.Zurek sought non-economic damages in an amount of $750,000.00 from both Defendants. Defendants denied that Zurek’s injuries were permanent. Verdict - $101,331.00 ($85,581 was from crash #1).

Taylor v. Gustiy and KAO Warehouse, Inc., Multnomah County Case No. 17CV22534

Plaintiff was rear-ended by Defendant on Highway 405 in Portland.  She alleged that Defendant Gustiy was negligent for following too close and failing to keep a proper lookout. She claimed that Gustiy was working for KAO Warehouse at the time of the crash so KAO is legally responsible for the damages.  Plaintiff alleged that the crash caused her to suffer a torn meniscus and also temporary injuries to her head, neck, shoulder and back as well as a concussion.  Plaintiff Taylor sought $50,000 for past medical expenses and $185,000 for non-economic damages.  Defendant admitted Gustiy was working in the course and scope of his employment with KAO Warehouse and that Gustiy was responsible for the crash. However, defendants contested the nature and extent of Taylor's injuries and damages. Verdict - $100,825.20.

Briggs v. Huizinga, Multnomah County Case No. 17CV28746

Plaintiff Briggs was stopped for traffic on NE Martin Luther King Boulevard when she was rear-ended by Defendant Huizinga. She claimed that the crash was caused by Huizinga being on his cell phone and not keeping a proper lookout. Briggs claimed that the crash caused her to suffer a disc injury at L4-5 which required surgical repair. She sought $125,000 for past medical expenses, $14,534.40 for lost wages and $500,000 for non-economic damages. Huizinga denied liability and also contested the extent of Briggs’ injury. Verdict– $12,630.00.

Saighani v. Mansour, Multnomah County Case No. 17CV17660

Plaintiff Saighani was stopped for traffic when he was struck from behind by Defendant Mansour. Saighani claimed that the crash caused him to suffer back and neck injuries with headaches. He sought $2,088.52 for past medical expenses and $7,911.48 for non-economic damages. He also sought reasonable attorney fees pursuant to ORS 20.080. Mansour admitted liability but contested the cause and degree of Saighani’s injuries. Verdict– $9,999.99.

Rivas v. Rose, Multnomah County Case No. 17CV19488

Plaintiff Rivas and Defendant Rose were both driving westbound on NE Broadway. Rose was in the lane to Rivas’ right. As the road curved to the right Rose failed to stay within her lane and sideswiped Rivas. Rivas claimed that the impact caused her to suffer an annular tear at C5-6, and muscle strains and sprains. She sought $49,891.89 for past medical expenses, $9,877.78 for lost wages and $95,626.69 for non-economic damages. Rose admitted liability but denied that the crash caused any injury to Rivas. Defense Verdict.

Premises Liability Trials

Gunderson v. Costco, Multnomah County Case No. 17CV26791

Plaintiff Gunderson tripped over a pallet and fell while shopping at Costco. She claimed that the pallet was in the walkway and created an unreasonably dangerous condition. She alleged that her fall caused her to rupture the labrum in her hip requiring a surgical repair and causing her a permanent injury. She sought $85,000 for past medical expenses, $85,000 for future medical expenses, $2,500 for lost wages and $200,000 for non-economic damages. Costco denied liability. They claimed the pallet was open and obvious and that Gunderson is responsible for her own injury by not walking around the pallet. Defense Verdict.

Product Liability Trials

Tucker v. Chanel Inc., Multnomah County Case No. 17CV13605

Plaintiff Tucker was diagnosed with mesothelioma in 2016. During her life, Tucker had come into contact with Chanel #5 baby talc powder which she claimed was contaminated with asbestos. She brought strict liability and negligence claims against Chanel arguing that Chanel manufactured and distributed an unreasonably dangerous product without sufficient warning to the consumer. As a result, Tucker developed mesothelioma. Tucker sought economic damages for past and future medical bills and other expenses totaling $1 Million. She sought $9Million in non-economic damages. Chanel denied that its products contained asbestos or caused any injury to Tucker. Defense Verdict.

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