Antonio Leon, Et Al. vs. James Jaber, M.D., Et Al.
- Court: California State, Los Angeles County, Superior Court
- Case number: 19STCV01640
- Filed: January 22, 2019
- Judge: Daniel M. Crowley and Daniel S. Murphy
- Case type: Medical Malpractice – Physicians & Surgeons (General Jurisdiction)
Parties Involved
- Plaintiffs: Antonio Leon | Blanca Leon
- Counsel for Plaintiffs: Collins William Stephens | Manasserian Armen | Silberberg Marshall
- Expert Witnesses for Plaintiffs: Greg Vigna | Timothy Lanning, M.A. | John Brock-Utne, M.D.
- Defendants: Bakersfield Condors | Bode M.D. Geogia | Jaber M.D. James | Los Angeles Center for Ear Nose Throat and Allergy | Los Angeles Community Hospital
- Counsel for Defendants: Birtja Michelle A. | Hoffman Brian L | Kaufman Aryeh | McNelis Julia K. | Trotter Michael J. | Wend Christopher P
- Expert Witnesses for Defendants: Edward O’Connor, M.D. | Jonathan Benumof, M.D. | Scott Kush, J.D. M.D. M.S. MPH | Sarah Larsen, R.N | David Weiner, MBA
Verdict Information
- Verdict date: February 09, 2024
- Total damages awarded to the Plaintiff: $28,724,350.29
- Economic Damages: $9,474,350.29
- Past lost earnings: $150,000
- Future lost earnings: $457,000
- Past medical costs: $567,350.29
- Future medical costs: $8,300,000
- Non-Economic Damages: $19,250,000
- Past: $10,000,000
- Future: $9,250,000
- Economic Damages: $9,474,350.29
About the Case
Cause
On April 25, 2018, Plaintiff Antonio Leon arrived at the Los Angeles Community Hospital emergency department, complaining of a foreign object in his throat after dining at a restaurant. Assigned physicians attended to his care, diagnosis, treatment, and surgery. Dr. James Jaber recommended surgery to remove the fish bone. Negligence, carelessness, and lack of skill marked Mr. Leon’s medical management, particularly in anesthesia care, surgical treatment, intubation, and airway management.
Taken to the operating room, anesthesiologist Dr. Georgia Bode administered general anesthesia. She struggled to intubate Mr. Leon due to his small jaw and large tongue, complicating the procedure. These factors should have been assessed before sedation. Dr. Bode called for a second anesthesiologist, but Dr. Jaber attempted intubation himself, trying at least ten times unsuccessfully. Despite Dr. Bode’s suggestion to wake the patient, Dr. Jaber proceeded with a tracheostomy, which he performed with difficulty, taking a long time while Dr. Bode tried to maintain the airway as Mr. Leon’s condition deteriorated.
As a result, Mr. Leon suffered a severe anoxic brain injury, leaving him unable to care for himself, stand, walk, or eat, although he remained cognitively aware and able to speak. He was rendered completely dependent on others for all daily care needs. Blanca Leon, Antonio Leon’s wife, brought a case against the Defendants for medical malpractice, gross negligence and loss of consortium.
Injury
As a direct and legal result of the defendants’ negligence, carelessness, and unskillfulness, the plaintiff suffered irreversible brain damage, resulting in neurological impairment. These injuries included non-economic damages, pain, physical and emotional distress, and other related physical harm, all contributing to his non-economic damages as proven.
Furthermore, due to the same negligence, carelessness, and unskillfulness, the plaintiff incurred and will continue to incur economic damages. These include loss of earnings, diminished earning capacity, and the costs of past, present, and future life care needs, all in amounts to be determined by proof.
As a legal consequence of the defendants’ negligence, the plaintiff, Blanca Leon, has been and will continue to bear the loss of consortium of her husband, Antonio Leon, resulting in her general and special damages according to proof.
Damages
Plaintiffs demanded a trial by jury. They prayed for judgment against the defendants as follows: non-economic damages according to proof, economic damages according to proof, legal interest according to proof, and any other relief the Court deemed just and proper.
Jury Verdict
On February 09, 2024, a twelve-panel California jury awarded the Plaintiffs $28,724,350.29. The jury unanimously found that the Defendant’s negligence had caused the irreversible and life-changing injuries to Antonio Leon and resulted in loss of consortium for his wife.
The jury awarded $28.7 million to the Plaintiffs. Out of that, $$9,474,350.29 was awarded for economic damages. The breakdown is as under:-
- Past lost earnings: $150,000
- Future lost earnings: $457,000
- Past medical costs: $567,350.29
- Future medical costs: $8,300,000
Additionally, $19,250,000 was awarded in non-economic damages with $10,000,000 being awarded for past non-economic damages and $9,250,000 for future non-economic damages.
Court Documents:
Available upon request
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