Robert N. Dobbins, LLM, Esq.

Discrimination

• Hostile work environment, discrimination based on age and physical disability, and retaliation for whistleblowing in FEHA claim against a municipality.

Hostile Environment

• Post "Right to Sue" mediation of sexual harassment case against CEO of a major construction company and young female administrative assistant.
• Wage & Hour "Early Legal Assessment" session pre-class certification, enabling parties to clarify claims, narrow issues, and discuss resolution alternatives.
• Mediation of sexual harassment, wrongful termination of long-term legal assistant to a prominent lawyer with both personal and professional, sensitive implications.

Wrongful Termination

• Construction defects that included improper grading, drainage, and waterproofing of a multi-million dollar home.
• Wrongful termination, age discrimination, vacation time accounting involving COO of a 50 employee family company
• Wrongful termination of a long-term employee where settlement came only after putting owner and employee together to talk as they had known each other for 30 years and the owner never told her why she was fired.
• Wrongful termination, gender discrimination of a 25-year employee.

Medical Mal Dental

• Dental malpractice. Patient's jaw was fractured during dental surgery. Fracture was missed on X-ray films. Found several months later requiring painful complicated surgery with residual scar.
• Alleged dental malpractice case involving the claimed severing of a mental nerve causing hypoesthesia during a tooth extraction as part of an implant procedure.

Medical Malpractice

• Extravasation from port-a-cath during chemotherapy for breast cancer caused deformities and necrosis to the non-cancerous breast where amelioration drug was not timely given.
• Persistent vegetative state arising from combined morphine through PCA and intramuscular injection of Dilauded causing respiratory and cardiac arrest against major public entity hospital with substantial MediCal, Medicare liens and MSA required
• Chorioamnionitis, funisitis where trial of labor allowed to continue in face of troublesome "strip", decelerations, and delayed C-section, where life care plan LVN care damages challenged.
• HIE of a newborn with causation issue - alleged baby already compromised 24-48 hours before presented to hospital - where radiologist failed to properly calculate BPP numbers estimated by the technician.
• Hyperbilirubin, kernicterus baby born with jaundice, where phototherapy and transfusion were not done.
• Pharmacy malpractice Avascular Necrosis brought on by improper filling of steroids prescription and alleged resulting bilateral hip replacement.
• Aphasia and apraxia caused by intracranial bleeding where the mother had a prior child with suspected NAIT resulting from thrombocytopenia and testing not done requiring special needs education due to cognitive deficiencies. Questions of duty to mom and to fetus-newborn-child.
• Splenectomy patient, with subsequent bone marrow transplant and Dr failed to assure that vaccination to prevent sepsis was properly given resulting in bilateral amputations of extremities
• Medical negligence against gastroenterologist and hospital for failure to read HIDA nuclear scan with CCK causing a prolonged delay in cholecystitis diagnosis and cholecystectomy.
• Post-bariatric surgery complications, where a 40-year-old plaintiff presented to a small hospital ER, resulting in ischemia of small bowels and lifetime TPN and significant MSA numbers.
• Mediation on the eve of arbitration of medical negligence claim involving a 59 year old non-surgical patient who suffered a spinal cord ischemia and resulting paralysis. Major VA lien complicated negotiations
• Missed diagnosis of comminuted calcaneal fracture with one year delayed surgery, need for subsequent fusion, and inability to return to construction work.
• Mediation involving a governmental-entity run hospital. Plaintiff claimed medical negligence resulting from a retained foreign body when a piece of the epidural catheter broke off and was left inside. Two surgical procedures later fragments still remain. Plaintiff also claimed fraud - failure to disclose that the person administering the pitocin was an RN Nurse Anesthetist.
• Shoulder dystocia case. 11+ # fetus not delivered by C section. Defenses included failure to timely file government claim, causation (expert believes damage was caused by pushing of mother during labor causing injuries), and damages as 2 1/2 year old making substantial progress.
• Medical negligence case arising from ilioinguinal nerve entrapment and 40-plus day delay in post-surgical clinical exam by surgeon causing permanent nerve injury to patient who was a Dr. permanently precluded from practicing her trade.
• Disability-accommodations/wrongful-termination case brought by employee who was soon after declared temporarily totally disabled in pending worker's compensation case and remained so for a year post-termination.
• Case involved hospital's compliance with ADA, ACA, and related laws requirements for providing deaf patients with language translation through ASL interpreter.
• Case involved a knee replacement surgery alleged to have been done below the standard of care. Plaintiff had osteoporosis; new knee was too large and improperly installed requiring revision surgery. Key issue concerned extent of earnings special damages. Liability issue concerned whether complications were known risk of procedure. Settled above MICRA cap
• Interesting medical malpractice case where key issues concerned proving NIED claim where the family allegedly witnesses Decedent's collapse in the hall after an electrophysiological cardiologist instructed him to take a walk and his heart failed. The decedent had been in the ER, an order put in for a pacemaker. He was transferred to the floor instead of the "cath lab."
• Multi-party, complicated financial elder abuse of a veteran claim.
• Delayed diagnosis by a radiologist of breast cancer that resulted in multiple surgeries made more complicated by the delay. Surgeon issues from alleged failure to clear margins and leaving "clip" in place. Future wrongful death waiver complicated by MICRA Cap change coming.
• A woman was on a 5150 hold, transferred by the police department to a small psych facility. She died within 24 hours from cardiomegaly heart failure where the heart was more than 2x normal weight, which was alleged to be caused by stress.
• Medical negligence case involving the death of a newborn resulting from an alleged delayed delivery where the monitor strip indicated the baby was in distress. The case included the physician who allegedly did not come any closer to the patient as the door, and did not have a translator to provide understandable information to the Mother and Father.
• A medical malpractice case involving extravasation resulting from improper insertion of IV catheter and injection of CT contrast material causing compartmental syndrome requiring emergency fasciotomy surgery to repair the condition at an Urgent Care facility. The patient had gone to urgent care due to abdominal pain that was diagnosed as diverticulosis.
• Case involving process to remove tattoos resulting in burns and scars.
• Case against a therapist and a rehab facility where resident was there to deal with drug addiction brought on by sexual abuse/assault. Therapist sexually abused resident, with "red flags" to facility that were not heeded.
• Death of newborn allegedly caused by failures to properly monitor fetal heart rate and decelerations, and failures to timely notify the OB so that a timely C-Section could be performed.
• Mediated a medical malpractice case involving a catastrophic injury.

Breach Of Contract

• Breach of a real estate purchase contract by the Administrator of the Estate who canceled escrow after Mother died before the transaction was completed.
• Breach of a residential lease with five-figure/month rent, reletting damages, and habitability defenses.
• Lawsuit between principal and broker for failing to disclose that principal would be required to pay six-figure damages for the difference between lease rate and replacement tenant.

Real Property

• Arbitration of canceled escrow, deposit refund, and specific performance after contingencies waived involving cross-cultural negotiation differences.
• Real estate non-disclosure of rodent infestation in a mountain resort home.

Assault and Battery

• Case brought by Guardian for Minor infant foster child arising from "Shaken Baby" injury by temporary foster parent causing alleged traumatic brain injury. Seven-figure settlement reached, with indemnity issues between County and FFA preserved.

Business Torts

• Complicated multi-party case involving a collector's Porsche, alleged fraud in the sale, and bonding company issues, made more challenging by one of the entity's bankruptcy filing.

Defamation

• Internet defamation action against surgeon by a patient, including HIPAA violation claims.

Elder Abuse

• Inadequate staffing with elder fall risk patient who fell and required two comminuted fracture open reduction surgery, and facility provided bed alarm and sitter.
• Elder patient in a care facility after leg fracture with intermittent incontinence; facility cited for failures to document, follow the plan of care causing open wound from urine-soaked fracture sock.
• Financial elder abuse by auto dealer, major finance company putting borrower into loan payment equal to 75% of social security payment.
• Wrongful foreclosure, elder abuse, fraud/forgery mediation against multiple lenders, escrow, title company presenting issues of equitable subordination, loan restructuring, BFP challenges.
• Financial elder abuse involving grad theft by employees of a management company retained by the City to manage several city-run/owned elder communities. The victim was an immigrant from "a country that no longer exists" whose heirlooms were taken. The impact of events caused a serious decline in the elder's condition; settlement dollars were needed to provide her with a caretaker.
• Multi-day arbitration wherein plaintiffs claimed Elder Abuse of a dementia resident, general negligence, as well as claims of fraud/negligent misrepresentation (extent of care to be provided under the resident agreement). Expert testimony on standard of care focused on distinguishing between RCFE and CCRC. On the medical side, physicians disagreed about what the initial read of X-rays showed: appeared to be a cortical irregularity or a hidden fracture. Three days later, Elder was found to have a displaced fracture of her hip.
• Case involved a developmentally disabled adult with claims of adult dependent abuse over a period of 15 years. Among the historical facts generated was the Facility having been cited by the State for violation of the dependent adult's rights which the facility concealed from the family. The dependent adult was severely autistic. Once moved to a different facility he began to thrive.
• Alleged elder/death case where patient in SNF was found hung by his neck on his "call button" chord. Question of causation in the context of ability to anticipate suicide.
• Elder neglect/recklessness involving sexual assault by caregiver of resident. Complex coverage questions required careful management of negotiations to avoid breakdown in process. Pending criminal charges added to the challenges.

General Negligence

• Wrongful death of 17-year-old motocross rider against the manufacturer of safety equipment designed to prevent catastrophic injury.
• Mediation of case against a major bank by daughters of decedent precluded from taking under a Will caused by failure of the bank to find decedent's safe deposit box in which Will was located.
• Disabled, dependent adult abuse where facility failed to properly monitor plaintiff in a wheelchair, whose chair fell off of ramp causing her to land on her head with resulting catastrophic injury.
• Early morning slip & fall on phone book placed on apartment stairway with resulting major injury, where the plaintiff was visiting a female "friend" not his wife.
• Roadie sustained major injuries when bank of lights mis-loaded on a forklift causing the lift to tip over and load to crush Roadie's leg.

Personal Injury

• Mediated an interesting electrocution injury case with defense issues.

PI Auto

• UIM arbitration with choice of law, stacking policy, and application of Howell in major injury, long-term LOE situation.
• A serious multi-motorcycle accident resulted in catastrophic injury to one of two plaintiffs. The case involved very interesting forum non conveniens, the enforceability of liability waiver, and choice of law issues. Also involved excess coverage issues. Plaintiffs are residents of Australia; they and their Australian lawyer participated via face time.
• Case involved an out-of-state trucking company that changed lanes into plaintiff's lane on the freeway causing her to hit the side wall and spin out across the freeway. The trucking company had substantial SIR, so we were dealing with family money. In-house counsel flew in to manage the negotiation. Post-concussive disorder was alleged but back up meds were very limited.
• Injury case involving an ambulance that collided with another vehicle. Liability conceded. The question arose on whether given that the ambulance was in the course of providing medical services, does MICRA cap the injured 3rd party's general damages.

PI Libel and Slander

• Libel, slander between life long friends, business partners

PI Sexual Assault

• Alleged sexual assault by one special ed child on another special ed child. Presented questions regarding the school/school district's duty, what they could have done differently, and the issue of liability. The factual issue as to whether the alleged event actually happened or whether the victim adopted the concept, based upon the questions that were being asked by officials, therapists, and the like also arose.

Premises Liability

• Slip & Fall, knee surgery, with subsequent total knee replacement
• 34-year-old highly skilled finish carpenter suffered peripheral nerve damage from low voltage shock caused by a defectively designed and packaged product. Plaintiff will suffer pain and hand/arm tremors for life and unable to work more than part-time and not in his chosen trade. Extent of injuries catastrophically changed his life, including the relationships with his spouse and 6-year-old son. Damages in 7 figures.

Wrongful Death

• Vascular puncture during micro-invasive back surgery resulting in death from slow bleed with significant causation issues
• Acoustic neuroma surgery, aortic aneurysm causing thrombo-embolic stroke resulting in death.
• Wrongful death due to overdose of prescription opiates against doctor facing federal criminal charges and pharmacy
• Cardiomyopathy death of 25 year old schizophrenic in an experimental drug test, where claim was negligent research presenting significant question about MICRA limits
• Medical negligence-based wrongful death claim alleging failure to timely diagnose rare HLH disease in a pregnant woman who died after premature but successful delivery of son. Causation questions given because death resulted from a fungal infection affecting vital organs that was brought about by treatment for HLH. Also involved question of "Lost Chance Doctrine"
• Alleged Elder Neglect/Wrongful Death of a very elderly long-term resident of a family-run RCFE. Overcame serious coverage issues to achieve a six-figure settlement.
• Case involved a series of miscues by ER docs, hospital, and hospitalist that discharged the patient before Troponin results were received, with failure to notify the patient once the results were in showing double the Troponin maximum. Patient suffered a fatal MI the following day, which could have been prevented had she not been discharged.
• Mediated a wrongful death case involving elder abuse.