Philip J. Gilberti vs. Magued Fadly, M.D., et al.

Case Background

Philip J. Gilberti filed a medical malpractice lawsuit against Magued R. Fadly, M.D. and Magued R. Fadly, M.D., Inc., doing business as California Spine & Pain Institute for negligence in the administration of spinal epidural injections leading to paralysis. The lawsuit was filed in the California Superior Court, Los Angeles County, and was presided over by Judges J. Stephen Czuleger, Valerie Salkin, Michelle Williams Court, Shirley K. Watkins, Paul A. Bacigalupo, Virginia Keeny, Serena R. Murillo, and Kristin S. Escalante. [Case number: 19STCV13518]

Cause

Philip J. Gilberti, the plaintiff, claimed that Magued R. Fadly, M.D., California Spine & Pain Institute, and Does 1 to 10 were responsible for the damages he suffered. He argued that their actions or failures to act directly caused his injuries.

On February 6, 2018, in Tarzana, California, Gilberti sought treatment from Dr. Fadly, a licensed physician, for neck pain caused by a previous spinal injury. Gilberti consented to Dr. Fadly administering epidural injections to specific levels of his cervical spine to alleviate pain from earlier injuries. The procedure required precise surgical skills to navigate around scar tissue from past surgeries.

During the procedure, Dr. Fadly injected the cervical spine at levels C7-T1 and C4-C5. However, at the C4-C5 level, he mistakenly advanced the needle too far into the spinal canal, either near or into the spinal cord itself. As a result, the injected fluid caused intense pain and permanent nerve damage to the plaintiff.

Injury

Dr. Fadly’s failure to correctly administer the epidural injection led to severe injuries for Gilberti. These injuries included spinal cord and neurological damage that permanently paralyzed his left hand. As a professional pianist and composer, Gilberti’s life and career were profoundly affected. The paralysis of his left hand left him devastated, both personally and professionally, due to Dr. Fadly’s negligence.

Damages

As a direct result of the defendants’ negligence, the plaintiff suffered severe personal injuries. These injuries included the paralysis of his left hand, along with pain, suffering, anxiety, depression, humiliation, embarrassment, discomfort, and fear. Gilberti was unable to continue his work as a composer. Additionally, he may have permanently lost the ability to play the piano, which had been his profession.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Philip J. Gilberti
  • Counsel for Plaintiff(s): Christopher G. Hook | Daniel P. Powell | Vicki L. Temkin

• Defendant(s): Magued R. Fadly, M.D. | Magued R. Fadly, M.D., Inc., doing business as California Spine & Pain Institute
• Counsel for Defendant(s): Bryan J. Su | George E. Peterson

Claims

The Plaintiff alleged general negligence and claimed that the accidental injection into Plaintiff's spinal cord fell below the standard of care in the surgical industry,

Defense

The defendants denied all allegations and argued that the plaintiff's injuries were not caused by their actions. They claimed the plaintiff’s own negligence and that of others contributed to the harm. The defendants also argued that the complaint lacked sufficient facts and cited legal defenses like Proposition 51, the statute of limitations, and the plaintiff’s assumption of risk. They contended that their actions didn’t directly cause the injuries and invoked doctrines to reduce or bar recovery.

Jury Verdict

On June 5, 2024, the jury found that Defendant Magued R. Fadly was not negligent in the treatment of Plaintiff Gilberti. Accordingly, no damages were awarded. On June 17, 2024, Judge J. Stephen Czuleger entered a judgment consistent with the verdict.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com