Case details
Defense: Both fusion surgeries adequately performed
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
back pain, lumbar fusion
FACTS
had back issues. In May 2012, Plaintiff Richard Gunter, 62, a director of photography, underwent a lumbar fusion by Dr. Michael Schneier, a neurosurgeon. Two months later, Gunter underwent a cervical fusion, which was also performed by Schneier. Gunter claimed that he continued to have back pain after the surgeries, resulting in need for a revision surgery in April 2013. Gunter sued Schneier, Dr. Rami Moustafa Shaaraway, and West Hills Hospital and Medical Center. Gunter alleged that the defendants failed to properly perform the surgeries to his back neck and that their failure constituted medical malpractice. Shaaraway and West Hills Hospital and Medical Center were ultimately let out of the case, and only Schneier continued to trial. Gunter claimed that he continued to have back pain immediately after the lumbar fusion and that he continued to have pain to his back until he underwent a revision surgery in April 2013. Plaintiff’s counsel contended that Schneier failed to adequately perform both the lumbar fusion and the cervical fusion, resulting in the failures of both fusions. Counsel also contended that Schneier failed to follow up with Gunter after the procedures. Defense counsel contended that three to four months after the cervical fusion, Gunter was diagnosed with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease. Counsel also contended that Gunter only reported pain six months after the cervical surgery, after his ALS diagnosis. Thus, defense counsel argued that Gunter’s pain could be attributed to the ALS, and not to the subject fusions. The defense’s neurosurgery expert testified that it can take between six to 12 months to recover from spinal fusions. Thus, the expert opined that Schneier did not fail to diagnose any allegedly failed fusion and that the procedures, as performed by Schneier, were adequate., Gunter claimed that he suffered back pain immediately after the lumbar fusion and that the pain continued until he underwent a revision surgery in April 2013. He claimed that as a result, he was unable to continue working. Gunter explained that his position as a director of photography in the entertainment industry, working on television shows, included holding up lighting equipment. He claimed that he did go back to work after each of the subject procedures, but that he had to work on a limited basis. Gunter alleged that after the subject fusions, he had difficulty walking due to his back pain and that his condition prevented him from working as much as he wanted to. He claimed that as a result of his back pain and revision surgery, he was ultimately forced into early retirement in 2013. Thus, plaintiff’s counsel asked the jury to award Gunter in excess of $1 million. In addition, Gunter’s wife, plaintiff Cathy Gunter, sought recovery of damages for her loss of consortium. The defense’s neurosurgery expert testified about ALS and opined that it was a better explanation for Mr. Gunter’s diffuse muscle weakness, coinciding with his first lumbar surgery.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury