Erica Levitt and Alexandra (Ali) Martino secured a dismissal for their healthcare provider client without leave to amend by way of a 4th Demurrer. The plaintiffs alleged civil rights violations under Section 1983. To be liable for federal civil rights violations under Section 1983, a private party must act “under color of state law.” Erica and…

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Mr. McKenna and his team obtained a defense award for several pediatric cardiologists and a pediatric anesthesiologist. The case was a very complex medical malpractice action involving care and treatment for a minor claimant with the congenital heart condition hypoplastic left heart syndrome (HLSS). Claimant alleged that the physicians failed to timely diagnose and treat…

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In O’Rourke v. Ali, et al., Mr. McKenna and his team represented a hospitalist and there was also an emergency medicine physician who was a named defendant through trial. Plaintiffs were represented by Robert Vaage and Elizabeth Teixeira of the Law Offices of Robert Vaage. On January 13, 2012, then 53-year-old male plaintiff woke up…

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Plaintiff was a patient in a large Southern California hospital. She claimed that while she was unattended by her nurses in a hallway waiting for her medication that she fell, lost consciousness and suffered a traumatic brain injury. Plaintiff relied on MRI studies and multiple experts who testified that she suffered a structural injury to…

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