Attorney June Patricia Bashant's Legal Cases

Defective and dangerous products

Jane Doe et al. v. Marin General Hospital

N/A

OUTCOME: Confidential settlement

Jane Doe suffered severe second-degree burns to her genital area in an accident involving a hygenique Surgi-gator. Shortly after giving birth, Doe was assisted to the bathroom to clean her genital area ... . Doe was still under the effects of the epidural anesthesia she had received for the delivery. She was instructed to use a "warm water" shower-type device called a hygenique Surgi-gator to clean herself. As instructed, she sprayed her genital area with a hand-held spray device and cleaned herself. A few hours later, as her anesthesia wore off, Doe discovered that her "crotch was on fire," and that she had suffered severe burn injuries to her vaginal and perineal areas. Because of the burn injuries she sustained, Doe was transferred to the St. Francis Hospital burn unit where she was treated for 12 days. Suit was brought against the manufacturer of the surgigator device, Andermac, and Marin General Hospital, the owner of the product and the premises where the accident occurred.

Car accident

John Doe v. Defendant Driver

N/A

OUTCOME: $675,000 settlement

John Doe, a high school coach and contractor for a family business, was driving westbound on Highway 24 just west of the Caldecott Tunnel. Defendant Driver was driving next to him. Defendant driver fel ... l asleep and the truck struck Doe's SUV several times before both vehicles eventually came to rest on the overpass above Highway 13. Doe, who had no history of neck pain and no lower back pain in the three years before the accident, complained about neck and lower back pain. He eventually had successful surgery on both his neck and back. Plaintiff contended the impact caused the need for his neck and lumbar surgeries. Defendant contended the low-speed impact did not cause any injury, that he had a history of back problems and that his earnings were from a gratuitous family employer.

Personal injury

Mother and Baby v. Property Owner

N/A

OUTCOME: $127,500 settlement

Mother and Baby Doe entered an elevator in their apartment building. The elevator, installed in 1936, contained a twin door/gate closure system, in which occupants were secured inside by both tradition ... al outer horizontal metal doors and a single horizontal inner brass “scissor gate,” designed to operate independently of each other. The scissor gate was altered to open and close automatically. When Mother and Baby Doe reached the floor of their apartment, the elevator doors and scissor gate automatically retracted. Baby Doe reached out his right hand, which got caught in one of the spaces of the collapsing scissor gate. The tip of Baby Doe’s finger was severed. Baby Doe then underwent reconstruction surgery to regrow the severed tissue. Legal Theories and Strategies Property Owner claimed that a sign in the elevator warning passengers about the automatic gate was sufficient. We argued Property Owner and Elevator Company were common carriers and as such, had an absolute, non-delegable duty to inspect, repair and maintain the elevator. The safety code violations involving the elevator were first identified by the California Department of Industrial Relations nine years before the injury, but no action was taken by the defendants.

Medical malpractice

Jane Doe v. Hospital

N/A

OUTCOME: Confidential Settlement

Jane Doe, a 58-year-old, underwent elective surgery for gastroesophageal reflux disease, also known as “GERD.” The surgery required a silicon hose to be inserted through the esophagus. Post-surgery, Ja ... ne remained hospitalized for four days and complained of increasing severe pain in her neck, shoulder, back and lungs. The hospital staff failed to recognize the symptoms of a perforated esophagus with developing infection. A few days after Jane was released she was air flown to a trauma center. The trauma center ER discovered a large tear in Jane Doe’s esophagus and Jane Doe was septic. Emergency surgery was needed to repair the Jane Doe’s esophagus. Jane Doe was hospitalized for the next seven months as a result of complications from sepsis, including kidney failure, respiratory failure, cervical and thoracic myelitis and spine surgery. Legal Theories and Strategies The hospital claimed that Jane Doe assumed the risk when she underwent surgery and the complications were the result of the natural course of a condition. We claimed that the hospital and doctors were negligent in monitoring the patient’s condition after the procedure, and they fell below the standard of care when they failed to recognize the sign of infection. Had the doctor recognized the symptoms of infection, films would have revealed a perforated esophagus before discharge, and the resulting injuries to the plaintiff’s esophagus and sepsis would not have occurred.

June Patricia Bashant's Legal Cases (14)

Jane Doe et al. v. Marin General Hospital

John Doe v. Defendant Driver

Mother and Baby v. Property Owner

Jane Doe v. Hospital