Goldstein, Gurbuz & Robertson and Howard A. Kapp awarded $7.9 million in Medical Malpractice case against Cedars-Sinai Medical Center and the Director of its Pain Center

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A Los Angeles couple was awarded nearly $8 million in a negligence case against Cedars-Sinai Medical Center and the Director of its Pain Center who was found to have negligently performed high risk pain management injections leaving Michael Markow paralyzed from the neck down

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Michael Markow, age 67, and Francine Markow, age 63, were separately represented during the roughly one month trial. Michael Markow was represented by Arnie E. Goldstein and Joy L. Robertson, attorneys from the Encino based firm of Goldstein, Gurbuz & Robertson. Francine Markow, the wife of Michael Markow, was represented by Howard A. Kapp of the Los Angeles based Law Offices of Howard A. Kapp.

Court documents show that the jury found Cedars-Sinai Medical Center and its Director of Pain Management, Howard L. Rosner, M.D. responsible for the injuries and damages suffered by Michael and Francine Markow.

According to the court documents, a 10-2 decision reached by a downtown Los Angeles jury on May 5, 2014 it was found that Howard L. Rosner, M.D. (Director of the Pain Center at Cedars) was negligent in his performance of the high risk pain management procedure performed on November 11, 2010. Cedars-Sinai Medical Center attempted to argue that Dr. Rosner, despite being the Director of the Pain Center, was an independent contractor and, as such, Cedars was not responsible for his negligence. The jury unanimously by a vote of 12-0 rejected this assertion and found that Cedars Sinai created the impression that Dr. Rosner was an agent or employee of Cedars-Sinai.

Judge Elizabeth Feffer presided over the trial (Case No. BC476993) in Los Angeles County Superior Court. The jury returned its verdict after two and a half days of deliberations.

Michael Markow was represented by Arnie E. Goldstein and Joy L. Robertson of the Encino, CA law firm Goldstein, Gurbuz & Robertson.

Howard A. Kapp of the Law Offices of Howard A. Kapp in Los Angeles represented Francine Markow.

Raymond R. Moore of Moore McLennan LLP in Glendale, CA represented Howard L. Rosner, M.D.

Robert C. Reback of Reback, McAndrews, Kjar, Warford & Stockalper, LLP in Manhattan Beach, represented Cedars-Sinai Medical Center.

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Kimberly Cabada
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