Aileen Munoz vs.  Southern California Orthopedic Institute LP, et al

Case Background

On March 24, 2022, Plaintiff Ailenn Munoz filed a Medical malpractice lawsuit in the Superior Court of California, Los Angeles County(Case number: 1:19cv604). Ian C. Fusselman, Lynne M. Hobbs and Jill Feeney presided over this case.

Cause

Aileen Munoz, a 62-year-old interior design consultant with over 25 years of experience, sought treatment for lumbar spine disease. On October 1, 2021, Dr. David K. Wahba, employed by the Southern California Orthopedic Institute, administered a lumbar epidural steroid injection. During the procedure, Dr. Wahba negligently breached Ms. Munoz’s dura, causing the unintended deposition of steroids into her subdural space.

This led to severe symptoms, including extreme headaches, debilitating lower back pain radiating to her legs, and bowel dysfunction. These symptoms were consistent with adhesive arachnoiditis, a chronic and painful condition. An MRI on November 2, 2021, confirmed the diagnosis, but Dr. Wahba concealed the results. His actions deprived Ms. Munoz of timely and effective treatment.

Injuries

Ms. Munoz suffered permanent injuries due to the negligent dural breach and the subsequent concealment of her condition. She experienced constant pain, impaired mobility, and bowel dysfunction, which severely affected her quality of life and professional abilities. The adhesive arachnoiditis caused fibrotic scarring of nerve roots and blood vessels, resulting in chronic pain and neurological impairments.

Despite clear clinical and radiographic evidence, Dr. Wahba misdiagnosed her condition multiple times, delaying critical treatment that could have prevented permanent damage.

Damages

The Defendants’ negligence and fraudulent concealment caused Ms. Munoz to endure significant economic and non-economic damages. She faced mounting medical expenses for treatments that failed to address her worsening condition. Her injuries disrupted her personal and professional life, causing chronic pain and reducing her earning capacity. The lack of timely treatment transformed a potentially temporary condition into a permanent disability, compounding her economic losses and intensifying her pain and suffering.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Aileen Munoz
    • Counsel for Plaintiff: Marcus Aram Petoyan
  • Defendant(s): Southern California Orthopedic Institute LP | David K. Wahba MD.
    • Counsel for Defendants: Francis Thomas McAndrews

Claims

Ms. Munoz asserted claims for negligence, fraudulent concealment, negligent misrepresentation, and constructive fraud against Dr. Wahba and the Southern California Orthopedic Institute. She alleged that the Defendants’ actions breached their duty of care and fiduciary responsibilities.

Ms. Munoz argued that their deliberate misrepresentation and concealment of her medical condition denied her the opportunity for timely treatment, resulting in severe and avoidable harm. She sought compensation for economic losses, non-economic damages, and punitive damages to hold the Defendants accountable for their gross misconduct.

Defense

The Defendants denied any negligence in administering the lumbar epidural steroid injection. They argued that the procedure adhered to the standard of care expected from qualified medical professionals and claimed that Ms. Munoz’s adverse outcomes were inherent risks of the procedure, not the result of negligence. The Defendants further denied intentionally concealing or misrepresenting Ms. Munoz’s condition. Dr. Wahba asserted that her symptoms, including headaches and lower back pain, were consistent with her underlying lumbar spine disease. She argued they were not caused by adhesive arachnoiditis.

Further, the Defendants maintained that diagnostic delays occurred due to factors beyond their control. Moreover, they also argued that Ms. Munoz’s injuries, including chronic pain and mobility issues, were a result of pre-existing conditions and natural disease progression.

Additionally, the Defendants requested that the Court dismiss the claims. They also argued against punitive damages, asserting that they acted in good faith throughout the treatment process.

Jury Verdict

On October 9, 2024, The jury awarded Aileen Munoz $1,832,500 in damages for her medical negligence claims against Dr. David K. Wahba and the Southern California Orthopedic Institute. This included $865,000 for future economic losses related to medical expenses, $96,750 for past non-economic losses encompassing physical pain and mental suffering, and $870,750 for future non-economic losses addressing ongoing physical and emotional harm.

For Ms. Munoz’s intentional misrepresentation claims, the jury found that the Defendants’ actions caused significant harm and awarded an additional $967,500 in damages. This amount included $96,750 for past non-economic losses and $870,750 for future non-economic losses tied to physical pain and mental suffering.

The jury’s verdict underscored the severe impact of the Defendants’ negligence and intentional misconduct, awarding Ms. Munoz a total of $2,800,000 to compensate for her extensive injuries and losses in a medical malpractice lawsuit.

Court Documents:

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