Attorneys Benjamin Ikuta and Michelle Hemesath of Hodes Milman obtained a verdict of $165,884.48 on behalf of 95-year old client Gloria Mikeler. Mikeler suffered a traumatic hip fracture at the age of 93. Before her surgery at Sherman Oaks Hospital on September 14, 2019, a physician’s assistant employed by Los Angeles Orthopedic Institute carelessly and negligently positioned her for a hip surgery. This caused a large skin tear on her left leg.
The defense contended that given Mikeler’s “extraordinarily thin skin,” such a tear can happen without any wrongdoing. The jury disagreed after an 8-day trial and issued a verdict in the amount of 10-2.
To make matters worse, the insurance company for the surgical group refused to take responsibility, never offering a single penny in this case. They didn’t believe that such a case warranted making any settlement offer, since it involved a 95-year old woman with pre-existing back issues. Without the possibility of settlement, we were forced to achieve justice for Mikeler from a Los Angeles jury.
About Attorney Benjamin Ikuta
Benjamin T. Ikuta is a partner at Hodes Milman,, where he focuses his practice in medical malpractice cases on the plaintiff side. He has successfully obtained outstanding results for clients in cases involving elder abuse, birth injuries, cancer diagnosis delays, and other issues.
For the majority of his career before joining Hodes Milman , Ben handled cases on the defense side that involved skilled nursing and residential care facilities for the elderly. As a result, he has in-depth, insider knowledge on the opposing counsel’s strategies in cases like Mikeler’s.
About Attorney Michelle Buxton Hemesath
Michelle Buxton Hemesath focuses her practice on representing injured victims and their affected families. She is the incoming President of the Women Lawyers of Long Beach (WLLB), and is also an active member of various Orange County-based legal associations.
Her career began with her representing healthcare providers. During this time, Mrs. Hemesath gained intimate knowledge of how insurance companies handle and process lawsuits, and how to best position a case for maximum recovery.
Maximizing Your Medical Negligence Claim
All medical professionals owe a duty to patients to provide them with a certain level of care and safety when rendering treatment. If they breach this duty, and as a result cause injury to a patient, the patient may be entitled to financial recovery for their injuries. The offending party may also be held liable for medical malpractice.
In many instances, insurance coverage can provide compensation for the victim’s injuries and losses. Sadly, however, insurance policies often base their calculations on factors such as life expectancy. With elderly victims such as Gloria Mikeler, the insurance company might not properly value a claim because they think the policyholder might present certain risks.
In such situations, the assistance of a qualified attorney may be needed to obtain the appropriate remedies through the court system.
At Hodes Milman we handle a wide range of injury cases spanning from medical malpractice to elder abuse, and other complex practice areas. If you or a loved one have been injured, contact us at (949) 640-8222 for a free, no-obligation consultation. We have the experience and dedication to ensure you receive the maximum compensation you are entitled to under the law.
