THE RESULTS

The parents of a child born with a rare genetic disease called Fabry’s disease sued an in vitro fertilization (IVF) specialist and his employer to recover the medical expenses associated with the treatment of this disease. They contended that they agreed to the IVF treatment on the condition that only embryos without Fabry’s disease would…

A seventeen-year-old boy was paralyzed from the neck down as a consequence of a posterior spinal decompression with fusion. Sitting first chair, Mr. McKenna led the defense with three other lawyers representing the co-defendant physicians and entities to a unanimous jury verdict in favor of all healthcare providers. Despite multi-million dollar exposure beyond the physician’s…

Claimant underwent gastric bypass surgery at defendant facility. He had an extensive history of hypertension and was on multiple medications to manage it. Postoperatively, the defendant physicians lowered the dosages of his antihypertensives. The patient developed a major stroke resulting in significant cognitive impairment. Claimant was represented by Marshall Silberberg, Esq., a noted plaintiff medical…

During a protracted litigation brought by one physician against another for medical malpractice, the defense was able to successfully bring a non-suit against the plaintiff, based largely on pre-trial discovery rulings which prevented the admission of evidence by the plaintiff at the time of trial. During the discovery phase of the case, the defendant had…

Very few practicing lawyers have ever tried a case against Bruce Fagel, even fewer have obtained a defense verdict against his client. According to his website and other independent sources, Dr. Fagel has tried and settled more medical malpractice cases than any other attorney in California. When The National Law Journal selected “The 10 Top…

The plaintiff underwent gallbladder surgery many years before her planned gallbladder surgery with the defendant. The plaintiff presented to the defendant with signs and symptoms of an infected gallbladder. Accordingly, she underwent surgery to remove her gallbladder. Upon entering the abdomen, it was apparent that no gallbladder was present and the surgery was aborted. Plaintiff…

The plaintiff underwent LASIK surgery for decreasing vision. He claimed that he never consented to undergo the procedure in order to achieve monovision (one eye for near and one eye for far). Because he claimed that he did not consent to undergo any procedure with the desired effect of monovision, the defendant engaged in both…

Plaintiff was a former professional football player who was in the NFL for 10 years. He retained the defendant law firm to file a workers’ compensation claim for his work-related injuries, including any neurological conditions he may develop. It was admitted at trial that although the law firm obtained compensation for his orthopedic injuries, it…

A patient who came into the ER expressing questionable suicidal ideation was released after an evaluation by the on call psychiatrist. He then went home and shot himself in the head. Although significant settlement authority was obtained and offered to opposing counsel, no settlement was reached and the case went to arbitration. Following the presentation…

Plaintiff, a black female, alleged a long pattern of discrimination and failure to promote by her former employer, a public entity (city). The defendant lawyer represented her in her administrative hearing, which she lost. It was admitted at trial that the lawyer failed to timely file a civil lawsuit to preserve plaintiff’s personal claim for…