TOP VERDICTS of 2017 the Largest and Most Significant Verdicts and Appellate Reversals in California in 2017 TOP DEFENSE VERDICTS Bastidas V

Supplement to the Los Angeles and San Francisco

FEBRUARY 21, 2018 TOP VERDICTS OF 2017 The largest and most significant verdicts and appellate reversals in California in 2017 TOP DEFENSE VERDICTS Bastidas v. Good Samaritan Hospital LP case INFO

fter Dr. J. Augusto Bastidas removed a patient’s kidney instead of a cancerous pancreas, A MICHAEL LI-MING WONG ultimately resulting in the patient’s death, the hospital and its medical staff suspended Wong said that after trying his case in issues involving the doctor and supporting his surgical privileges, leading him to sue front of a mock jury, he realized a more ag- his argument that the case was not about over alleged civil rights violations including gressive approach on his part would make retaliation. racial discrimination and retaliation claims. the actual jury feel protective of the doctor “You learn from doing trials that usually According to lead defense counsel and so he remained respectful but firm, a very effective cross-examination is not Michael Li-Ming Wong of Gibson, Dunn & undermining Bastidas’ credibility dur- scoring the big Perry Mason moment that Crutcher LLP in San Francisco, the case ing a daylong cross-examination. At trial, we all dream about during law school, but was unusual in that most civil rights or plaintiff’s counsel James A. Hennefer of instead, death by a thousand cuts,” Wong retaliation cases are not tried to verdict. Hennefer, Finley & Wood LLP told jurors said. He said the jury’s unanimous verdict and to “send a message” by awarding Bastidas He added that Bastidas was combative decision to award no money to the plaintiff more than $10 million in damages. and argumentative during questioning, but were partly due to his ability to persuade Wong and his team also turned what was he was determined not to argue. the jury about the central theme of the case. for them a negative development in the case Wong said the decision was a victory for Bastidas v. Good Samaritan Hospital LP, 13- to their advantage after U.S. District Judge the ability of medical staffs to properly CV04388 (N.D. Cal., filed Sept. 20, 2013). Susan Illston allowed the plaintiff’s side to censor doctors. “In this litigious environ- “Trial themes are important,” Wong said. introduce evidence of allegedly retaliatory ment, it does help establish that patient “Our theme was that this is not a case about incidents by the hospital and the medical safety should be the bedrock principle, the whether or not he is a good or bad doctor staff overseeing the discipline of Bastidas. cornerstone for peer review proceedings,” and it’s not about retaliation. It’s a case Hewing to his central theme, Wong in- he said. about patient safety.” troduced evidence of other patient safety — Chase DiFeliciantonio