LOS ANGELES (Nov. 2, 2018) – After a 3-week trial, a California Superior Court jury in San Bernardino has found a physician in Upland, Calif. not liable in a $1.7 million medical malpractice case. Tyson & Mendes attorney Susan Oliver represented Dr. Mark L. Alwan in the high stakes case, which alleged wrongful death and professional negligence.
The plaintiff – represented by plaintiffs’ counsel Kristy M. Arevalo and Tuan Q. Nguyen – suffered the loss of her baby at San Antonio Regional Hospital and sued the hospital and its attending physician for $1.7 million for failing to act within the standard of care for a routine labor and delivery.
The Tyson & Mendes trial team employed unique defense trial techniques to demonstrate the physician adhered to the very highest standards of medical care – despite the plaintiff’s position that his negligence – along with the hospital’s – not only led to the death of her child following an emergency C-section, but also to emotional distress and injuries she sustained from an infection stemming from the Caesarean.
The plaintiff’s demand totaled $1,724,368. Ultimately, the jury decided the attending physician was not at fault. Instead, the jury determined San Antonio Regional Hospital acted negligently and was responsible for the infant’s death, and awarded the plaintiff $590,000 to compensate for her pain and suffering.
“While the plaintiff suffered from an extreme tragedy and underwent extraordinary emotional duress, the jury realized that our client had done every conceivable thing possible to save her baby,” said Tyson & Mendes Partner Susan Oliver.
Oliver also added the firm’s core defense methods of accepting responsibility and providing the jury with a reasonable defense number played a key role in achieving the full defense verdict for the physician.
“The death of a child is the worst tragedy imaginable, and we felt tremendous compassion for the plaintiff and understand her emotional distress. However, it is our duty to achieve justice for all, including our client Dr. Alwan, who did everything he could to prevent this tragedy,” Oliver said.
About Tyson & Mendes LLP
Headquartered in San Diego with offices throughout the country, Tyson & Mendes LLP is an AV-rated litigation firm specializing in insurance defense. The firm employs more than 130 attorneys defending corporations, insurance companies, and their clients in civil litigation matters throughout California, Arizona, Colorado, Nevada, Washington and Florida. The firm is most widely recognized for winning the landmark Howell v. Hamilton Meats California Supreme Court case on the “billed vs. paid” medical damages issue, which forever changed the state’s litigation landscape by significantly impacting the damages a plaintiff may recover. Visit www.tysonmendes.com.
Ashley Weaver / Jean Walcher, J. Walcher Communications
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