Welcome to Herzfeld & Rubin!
Home - Top Story Pic
January 6-9, 2008 - LAM Germany
Craig Winterman will be speaking at the annual Audi Praxis Seminar. He will be discussing, among other things, New Legal Issues and Trends in the United States Legal System and U.S. Jury Verdicts, among other products liability issues.
San Francisco building
Lobby
Conference Room
Books

This case involved a 33-year-old female who underwent pelvic reconstructive surgery by Dr. Thomas, a urogynecologist.  The allegations included claims that Dr. Thomas did not give appropriate informed consent, performed a wrong operation, and left the patient with a scarred, permanently shortened vagina which precluded sexual relations between her and her husband.  Plaintiffs also contended that Dr. Thomas failed to appropriate measurements pre-operatively, thus, did not take sufficient steps to preserve vaginal length and anatomy.

The defense was able to establish at trial that full and complete informed consent was given to the patient, appropriate procedure was undertaken in light of all factors considered, including the presenting pathology and that Dr. Thomas performed the surgery properly.  The defense was able to establish at trial had the patient not left Dr. Thomas' care, her alleged post-operative complications could have been treated effectively.  The case resulted in a defense verdict.   


"Michael A. Zuk is proud to announce a defense verdict he recently obtained in Van Nuys in a very difficult jury trial concerning pelvic reconstructive surgery which also had issues of billing fraud. Mr Zuk was able to obtain a defense verdict despite the allegations that the surgery performed by his client resulted in a scarred and shortened vagina in the patient, thereby precluding sexual relations between her and her husband.  Additionally, he was able to overcome the allegations of billing fraud, including an allegation that the physician had the patient sign a "billing agreement" on the operating room table prior to the surgery.  The case was tried at Van Nuys, California for over three weeks and resulted in a defense verdict after one day's deliberations."