Plaintiff claims delayed diagnosis/repair of perforation during surgery. Defense. Los Angeles County.


Patient says surgeon failed to timely diagnose and repair a perforation that followed abdominal surgery.

The Case

  • Case Name: Lucas v. Marcus
  • Court and Case Number: Los Angeles Superior Court / BC643151
  • Date of Verdict or Judgment: Wednesday, May 08, 2019
  • Date Action was Filed: Thursday, December 08, 2016
  • Type of Action: Medical Malpractice
  • Judge or Arbitrator(s): Hon. Armen Tamzarian
  • Plaintiffs:
    Charles Lucas
    Karen Lucas
  • Defendants:
    Daniel Marcus, M.D.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: Defense.
  • Trial or Arbitration Time: 7 days.
  • Jury Deliberation Time: 1 hour.
  • Jury Polls: 10-2

The Attorneys

  • Attorney for the Plaintiff:

    Girardi Keese by David N. Bigelow, Kelly Winter Weil and Carlos Urzua, Los Angeles.

  • Attorney for the Defendant:

    Carroll, Kelly, Trotter, Franzen, McBride & Peabody, by John C. Kelly and Patrick J. Goethals, Long Beach. (For Daniel Marcus, M.D.)

The Experts

  • Plaintiff’s Medical Expert(s):

    Barry N. Gardiner, M.D.

  • Defendant's Medical Expert(s):

    David Joseph Lourié, MD, FACS, FASMBS.

Facts and Background

  • Facts and Background:

    In September 2015, plaintiff suffered a bowel perforation following abdominal surgery.

  • Plaintiff's Contentions:

    Plaintiff alleged delay in diagnosis and repair.

  • Defendant's Contentions:

    Defendant timely diagnosed the injury following appropriate workup and timely repaired the bowel perforation.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Bowel perforation, prolonged hospitalization and subsequent surgery.

Special Damages

  • Special Damages Claimed - Past Medical: $15,000
  • Special Damages Claimed - Past Lost Earnings: $70,000
  • Special Damages Claimed - Future Lost Earnings: $195,000

Demands and Offers

  • Plaintiff §998 Demand: $300,000
  • Plaintiff Demand during Trial: $780,000
  • Defendant §998 Offer: Waiver of costs.

Additional Notes

Defendant hospital was also named in the lawsuit, but won their motion for summary judgment.


This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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