Case Name:ZAW ZAW ET AL VS KEVIN BIRUSINGH MD ET AL
Case Number:LACL139628
Date of Trial:11/15/2019
Venue:
Polk County
Casetype/Claims:PI-MEDICAL/DENTAL MALPRACTICE

Judge:SARAH E CRANE

Plaintiff's Counsel:MARC STEVEN HARDING
BRIAN JOHN MEYER
BENJAMIN NOVOTNY
DOMINIC FRANCIS PECHOTA
Defendant's Counsel:STEVEN K SCHARNBERG
ERIK PETER BERGELAND
STACIE MARIE CODR
FREDERICK T HARRIS
KELLEN BROOKS BUBACH
JEFFREY ROBERT KAPPELMAN

Verdict:Plaintiff's verdict: Past loss M/B - $500,000; Future loss M/B - $250,000; Past P/S - $1,000,000; Future P/S - $250,000

Demand Before Trial:$3,000,000
Offer Before Trial:$15,000

Statement of Case:
In this case, the Plaintiffs Zaw Zaw and Zin Lang Aung allege that Defendant Dr. Kevin Birusingh performed an unnecessary and unwanted wrong-site surgery on Plaintiff Zaw Zaw, failed to ascertain the proper surgery and, thereby, failed to obtain Zaw Zaw’s informed consent for the wrong-site surgery. Dr. Birusingh was employed by The Iowa Clinic at the time he performed the surgery on Plaintiff Zaw Zaw. Zin Lang Aung makes a claim for loss of her husband, Zaw Zaw’s, spousal consortium. The Defendants deny the allegations made by the Plaintiffs.

Statement of Case Defendant:
This is an alleged medical negligence case for damages. Plaintiffs Zaw Zaw and Zin Lang Aung allege that Defendant Kevin Birusingh, M.D. was negligent in his care and treatment of Plaintiff Zaw Zaw and that this alleged negligence caused injuries to Plaintiffs. Defendants deny that Dr. Birusingh was negligent in any respect and deny that Dr. Birusingh’s alleged negligence caused any injuries to the Plaintiffs. Defendants assert that if Plaintiffs were injured, any injuries were caused by the fault of other parties.

Injuries alleged:Unapproved vasectomy

Official Jury Verdict Form:
LACL139628 Verdict form.PDFLACL139628 Verdict form.PDF

Documents of interest:
(when available)
LACL139628 Plaintiff's proposed instructions.PDFLACL139628 Plaintiff's proposed instructions.PDFLACL139628 Defendant's proposed instructions.PDFLACL139628 Defendant's proposed instructions.PDFLACL139628 Combined instructions.PDFLACL139628 Combined instructions.PDF

Return to Jury Verdict Reporter Database


Access EDMS for more details on this case.

Disclaimer of Liability: The Iowa State Bar Association presents the information as a service to our members. While the information on this site is about legal issues, it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link.