Cases

GMSR has an enviable record of success on appeal. For your convenience, the firm has provided a simple search tool for guests and clients to search that record.

61 Case Results
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Melamed v. Cedars-Sinai Medical Center (March 22, 2021, B292794) 2021 WL 1084783 [nonpublished opinion]

Court of Appeal finds physician failed to exhaust administrative remedies in medical peer review matter

2017

Topete v. Sutter Health Sacramento Sierra Region (Aug. 2, 2017, C074716) 2017 WL 3273875 [nonpublished opinion]

Court of Appeal affirms summary judgment in favor of GMSR’s client in medical malpractice case

2014

Sperber v. Regents of the University of California (Nov. 14, 2014, B247910) 2014 WL 6058172 [nonpublished opinion]

GMSR’s clients, the Regents and several of its doctors, obtained summary judgment in a medical negligence action with expert declarations that everything they did was within the standard of care and nothing they did caused the decedent’s death. The only declaration plaintiff submitted in opposition

Camargo v. John F. Kennedy Memorial Hospital, Inc. (Aug. 20, 2014, No. G049518) 2014 WL 4097607 [nonpublished opinion]

A jury found that in the care of a patient who was suffering from flesh-eating bacteria and later died, JFK Memorial Hospital was negligent, that a JFK nurse had committed “willful misconduct,” and that JFK was responsible for 70% of the resulting harm. The jury

Doctors Co. v. Sherman Oaks Hospital (Oct. 30, 2013, B246818) 2013 WL 5820256 [nonpublished opinion]

GMSR’s client, a hospital, and three doctors all settled with the claimants. One doctor obtained a good faith settlement determination. The two remaining doctors sought equitable indemnity from the hospital. A jury apportioned the majority of fault to the doctor with a good faith settlement.

2011

Wachtel v. Regents of the University of Cal. (Nov. 3, 2011, B221419) 2011 WL 5222863 [nonpublished opinion]

“The Court of Appeal affirmed a judgment in favor of GMSR’s client, The Regents of the University of California, and multiple other medical defendants after the trial court sustained a demurrer without leave to amend on the plaintiffs’ sixth attempt to amend their complaint to

2011

Frisch v. Roberts, 2011 Cal.App. Unpub. LEXIS 4194

The Sixth District Court of Appeal has affirmed judgment in favor of defendants, including GMSR’s clients, Sutter Health and Palo Alto Medical Foundation. The plaintiff alleged that defendants’ conduct led to a two-year delay in the diagnosis of his prostate cancer, and that the cancer’s

2011

Do v. Phuong Duc Dang, 2011 Cal.App. Unpub. LEXIS 2264

The Court of Appeal affirmed the trial court’s order sustaining a demurrer in favor of GMSR’s client, San Leandro Hospital. Plaintiff asserted claims against the hospital for fraud and battery, alleging that it had conspired with his doctors to dupe him into having corrective hernia

Moore v. USC University Hospital, Inc. (9th Cir. 2011) 416 Fed.Appx. 640

Expert testimony on causation held insufficient in medical malpractice lawsuit

2010

Genji Torihara v. Regents of University of California (May 18, 2010, B215801) 2010 WL 1972262 [nonpublished opinion]

Plaintiff injured his foot when the wheelchair in which he was riding hit a wall. He was in the hospital at the time, being pushed between the CT room and the x-ray room, for doctor-ordered tests for possible head injuries. Plaintiff did not file his