Previous Cases of Interest

Doris Day Melcher v. Jerome Rosenthal, Esq.
Legal malpractice and fraud case against the former attorney/business manager for Doris Day. The case resulted in a landmark legal malpractice case, and a six month trial.

Frustaci v. Jaroslav Marik, MD., Tyler Medical Clinic
Represented the defendants, Dr. Jaraslov Marik and the Tyler Medical Clinic in this case where Patricia Frustaci, after taking the fertility drug Pergonal, gave birth to seven children in Orange County, California. Four of the children died soon after the birth and the three surviving children survived with alleged cerebral palsy. This wrongful death/medical malpractice case was settled at trial for a confidential amount. (Broadcast on Court TV Network)

Palacios v. Medical Arts Hospital
A case in Texas where we represented National Medical Enterprises (the corporation which operated but did not own Medical Arts Hospital). This wrongful death case resulted in a verdict of $52 million for the seven surviving children of the decedent Maria Palacios, 70% of which was awarded against National Medical Enterprises. However, due to a unique settlement agreement entered into before trial, and modified during trial, the client ended up paying nothing. Plaintiff's attorney was Joe Jamail of Houston, Texas.

Clay Reqqazoni v. Lonq Beach Grand Prix Association
Reggazoni, a famous Formula One race car driver, crashed at the Long Beach Grand Prix and was rendered a paraplegic. He sued the promoters for inadequate track safety precautions, and we won a summary judgment on behalf of the Long Beach Grand Prix based on the Waiver and Release form signed by the driver. This is a landmark case in auto racing liability law.

Pat Thomas v. Los Anqeles Rams, Los Anqeles Raiders
This case was brought by former Los Angeles Rams and Los Angeles Raiders all pro defensive back, Pat Thomas, claiming that both of the professional football teams and orthopedic doctors misdiagnosed and mistreated a chronic knee condition which prematurely ended his career. We represented the Los Angeles Raiders in this arbitration and subsequent litigation. The case received substantial local publicity because it was alleged that the Rams and their prominent orthopedic doctor (Dr. Robert Kerlan, the "Father of Sports Medicine") knew Thomas had a bad knee condition, yet did not tell him or the Raiders when they traded him to the Raiders.

Gathers v. Loyola Marymount. Hvslop. Kerlan et al.
This case arose out of the widely publicized death of an All-American basketball star, Hank Gathers, who collapsed and died during a college play-off game. We represented the Loyola Student Health Center and Dr. Dan Hyslop, who cared for Gathers before his collapse from a heart beat arrhythmia and tried to resuscitate him at the gym. After a three week trial (shown on the Court TV. Network), the case against the defendants was dismissed by the judge.

Kotler and Holt v. Foos and Alma Lodqe
Kotler and Holt were adult mental patients who were roommates at Alma Lodge, a residential care facility, and were under the care of our client, Dr. Foos, a psychiatrist. Dr. Foos prescribed various heat inducing drugs to both residents, but did not warn the lodge to take precautions during a 100 degree heat spell. Both residents died of hyperthermia. In a verdict which has been the subject of several professional journal articles, Dr. Foos received a defense verdict and Alma Lodge was hit for $1.3 million.

Canister v. Emergency Ambulance Service (2008) 72 Cal. Rptr. 3d 792, 160 Cal. App. 4th 388
The firm’s clients were an ambulance company which was transporting a prisoner to the hospital. The plaintiff was the police officer guarding the prisoner while en route to the hospital. The ambulance driver allegedly drove in a negligent matter, causing permanent and career-ending injuries to the police officer. Both at trial and in the appeal which resulted in a published appellate opinion, the firm prevailed in their arguments that the alleged negligence of the ambulance driver should be covered by the provisions of the Medical Injury Compensation Reform Act (MICRA). The appellate opinion is now often cited in texts, educational materials and legal briefs as the latest case expanding the application of MICRA in California.