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Hodes Milman attorney Benjamin Ikuta was recently featured in the Daily Journal after settling two notable cases in the seven-digit range: a $1.5 million dollar settlement for a pedestrian hit by a car at a crosswalk near an outdoor California shopping center, and a $2.1 million dollar settlement against a fertility clinic on behalf of a couple who bore a child not biological to the father.

The Daily Journal, an attorney publication, provides California’s legal community with news, daily appellate reports, and notable court victories. Ikuta was featured in the Top Verdicts section of the publication.

Couple Suffers Negligence, Medical Battery by Fertility Clinic

A husband and wife, referred to as Doe Plaintiffs, had had trouble conceiving after trying for a year and a half. In early 2004, they were seen at Roe Fertility Clinic in Southern California. The wife had four fertilized eggs implanted through a type of In Vitro Fertilization (IVF) known as intracytoplasmic sperm injection.

As a result, the wife gave birth to a healthy baby girl that year. She was their only child.

In 2018, the family used a popular genetic test and discovered the daughter, then fourteen-years-old, was not biologically related to the father. She was biologically related to the mother but shared none of the father’s DNA.

Upon conducting a formal DNA test, it was confirmed that the plaintiff’s daughter was not related to the father. Unfortunately, the couple is unable to have any more children due to the mother suffering a severe case of pregnancy-related spontaneous artery dissection.

Ikuta settled the case for $2.1 million on grounds of medical battery and negligence, both forms of medical malpractice.

Pedestrian Hit by Car Suffered Head, Leg Injuries

The collision occurred on August 27, 2019, in Rancho Santa Margarita when 80-year-old Kenneth Kaku was crossing in a designated crosswalk. A driver in a Lexus sedan, Lisa Foto, struck Mr. Kaku and sent him onto the hood of the car where his head smashed the windshield before he hit the pavement.

The case settled through mediation on November 4, 2020, for the amount of $1,250,000.00. Mrs. Foto, with her husband and owner of the car, eventually admitted to driving negligently.

Mr. Kaku was taken to nearby Mission Hospital for injuries he sustained at the scene, where he stayed for three days.

He suffered traumatic brain injuries, including a concussion and subdural hematoma. A later CT scan showed the hematoma had grown from 7-8 mm to 16 mm in size during just two weeks following the collision. Imaging studies captured roughly a year following the incident showed the hematoma decreased to 3 mm, though it became infected and required tissue removal surgery. This put him in the hospital for several days.

Mr. Kaku also experienced painful swelling in his hip, leg, and foot immediately following the accident, along with a wound on his leg. Months of therapy have allowed his leg injuries to heal, though he suffers from pain and decreased mobility.

Mr. and Mrs. Foto faced several claims for their negligence, including a loss of consortium filed by Mrs. Kaku in regards to Mr. Kaku’s injuries.<

About Benjamin Ikuta & Hodes Milman

In instances where a pedestrian is hit by a car, the injuries are likely to be severe. benjamin ikutaAttorney and trial lawyer Benjamin Ikuta of Hodes Milman focuses much of his caseload on serious and complex injuries caused by negligence. He has litigated dozens of catastrophic injury cases involving medical malpractice, car accidents, premises liability, and varying personal injury cases. Since joining Hodes Milman in 2016, he has helped secure over $27,000,000 for injured Americans.

When considering a personal injury attorney, it’s critical to evaluate their skill and experience. What advantages do they bring to the table? What gives them an edge over another law firm?

As one of the top personal injury law firms in the nation, Hodes Milman is known for its rich network of resources and keen litigation strategies. Our firm brings in expert witnesses to review your case and maximize your total recovery amount. In the last few decades, we have won over $200,000,000 in verdicts and settlements for our clients.

If you or a loved one have been injured by another’s negligence, your injuries and treatment will likely require overwhelming financial costs. While a claim may not reverse the damages you have suffered, it can provide significant future care for you and your loved ones.

Get a Free Personal Injury Legal Consultation

Time is limited to seek compensation for your losses. Contact Benjamin Ikuta and the personal injury attorneys at Hodes Milman today to receive a free legal consultation. We are glad to discuss your best options moving forward after such a difficult ordeal. Call us today at (949) 640-8222 to learn how we can help you and your family.




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team