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Recent Cases

CYNTHIA CHIHAK is a graduate of Pepperdine University Law School . She has been honored with numerous awards by her peers. She was named by the Los Angeles Daily Transcript as one of the top 50 female attorneys in the State of California for five consecutive years, 2002, 2003, 2004, 2005 and 2006. Ms. Chihak has received the Outstanding Trial Lawyer award by the Consumer Attorneys of San Diego, formerly San Diego Trial Lawyers, 5 times. In 1994 she was honored as Trial Lawyer of the Year. Ms. Chihak was named as one of the best lawyers in 2006, 2007, 2008, 2009, and 2010 by San Diego Magazine for personal injury and medical malpractice, and one of the top 100 lawyers in 2006, 2007, 2008, 2009, 2010 by Super Lawyers. In 2007, Ms. Chihak received the Daniel T. Broderick III Memorial award recognizing her for the highest standards in civility, integrity and professionalism.

Ms. Chihak also serves the legal community by sharing her skill and experience. She served as Secretary of the Consumer Attorneys of California in 1989 and 1990, and was the President of Consumer Attorneys of San Diego in 1992 and 1993. She is an Advocate in the American Board of Trial Advocates (ABOTA) and served as President in 2008. Ms. Chihak is also a Fellow of the International Academy of Trial Lawyers. She has been invited to lecture for the Consumer Attorneys, CEB, San Diego County Bar, UCSD School of Medicine, San Diego Inn of Court, ABOTA, the Association of Business Trial Lawyers, and the American Bar Association.

Honesty, hard work and the desire to help are the cornerstones of her office. The firm’s recent settlements and verdicts include:

$10,000,000 Settlement
Wrongful Birth/Wrongful Life
Child born with severe genetic mutation. $5,000,000 to parents and $5,000,000 to child.

$3,000,000 Settlement Guzman v. Estrada Trust
Premises Liability
Fall through skylight while making requested repairs. Plaintiff was a 62 year old man who fell 30 feet suffering massive injuries resulting in death.
Failure to maintain skylight. Plaintiff was tasked with cleaning the skylight and was given a toxic solvent which made him pass out and fall onto the skylight. The skylight was not up to code and had no safety barriers causing Plaintiff to fall 30 feet and resulting in massive injuries.

$2,000,000 Settlement
Medical Negligence
Failure to diagnose male bladder cancer. 25 month delay in diagnosis causing progression to Stage 4.

$588,351.61 Trial Verdict
Katie Hunt v. Steven Drosman, M.D.
Medical Negligence
Negligent performance of laparoscopy surgery for endometriosis resulting in perforated bowel requiring further surgery.

$750,000 Settlement
Medical Negligence
Failure to appropriately diagnose, treat, and refer patient for non-small cell adenocarcinoma of the left lung. 18 months delay in diagnosis.

$475,000 Settlement
Medical Negligence
Medical Student improperly performed a physical exam on a minor without consent and without a chaperone or parent present.

$400,000 Settlement Hildre v. City of San Diego
Premises Liability
Plaintiff tripped and fell on cracks in sidewalk jointly maintained by the City of San Diego and the homeowner.

$950,000 Settlement
Medical Negligence/Wrongful Death
Failure to diagnose pulmonary embolism resulting in death of 54 year old nurse.

$650,000 Settlement
Medical Negligence/Wrongful Death
Failure to diagnose pulmonary embolism resulting in death of 36 year old male.

$1,000,000 Settlement
Wrongful Death/Medical Negligence
Failure to diagnose and treat a heart attack.

$2,925,000 Settlement
Medical Negligence
Negligent delivery resulting in skull fractures, brain herniation, and physical and cognitive impairment.

$1,700,000 Settlement
Medical Negligence
Negligent placement and monitoring of a feeding tube resulting in intestinal perforation and sepsis.

$425,000 Settlement
Medical Negligence
Negligent performance of a laparotomy resulting in ureter laceration.

$3,087,500 Settlement
Medical Negligence
Failure to monitor and treat patient after multi-level spine fusion.

$500,000 Settlement
Off-road Accident
Off-road collision between motorcycle and Sheriff’s first response vehicle in Ocotillo Wells.

$884,064 Trial Verdict
Catherine Denler v. Chateau La Jolla et al.
Negligence/Premises Liability
Failure to control a leashed dog resulting in a by standard suffering a fractured hip.

$500,000 Settlement
Legal Malpractice
Failure to correctly advise medical malpractice clients on the statute of limitations

$583,105 Arbitration Award
George Bateson, et al. v. Kaiser Foundation Health Plan Inc., et al.
Wrongful Death/Medical Negligence
Negligent performance of a laparoscopic cholecystectomy.

$400,000 Settlement
Medical Negligence
Negligent care and treatment of ankle fracture.

$500,000 Settlement
Medical Negligence
Failure to diagnose liver cancer.

$1,100,000 Settlement
Medical Negligence
Negligent removal of a sinus tumor resulting in hemorrhage and stroke.

$711,536 Arbitration Award
David Dominay et al. v. Neville Alleyne, M.D., et al.
Medical Negligence
Negligent performance of a cervical fusion.

$1,450,000 Settlement
Boating Accident/Explosion
Boat fire/explosion resulting in burn injuries to the upper body, trachea, and lungs.

$450,000 Settlement
Medical Negligence
Failure to monitor and treat post-surgical patient resulting in infection, sepsis, and kidney failure.

$725,000 Settlement
Wrongful Death/Medical Negligence
Failure to diagnose and treat a heart attack.

$1,250,000 Settlement
Medical Negligence
Failure to diagnose an aortic dissection.

$500,000 Settlement
Wrongful Death/Medical Negligence
Failure to diagnose and treat kidney stones and infection resulting in septic shock and death.

$2,900,000 Settlement
Medical Negligence
Negligent placement of a subclavian central line resulting in anoxic brain injury.

$6,250,000 Panel Award
Insurance Bad faith
Failure to authorize medical treatment resulting in a permanent loss of use of the upper extremities.

$548,911 Jury Verdict
Wrongful Death/Medical Negligence
Failure to diagnose and treat breast cancer.

$1,250,000 Settlement
Wrongful Death/Medical Negligence
Failure to diagnose and treat aortic dissection

$875,000 Settlement
Medical Negligence
Negligent provision of radio frequency treatment for back pain resulting in permanent impairment.

$420,000 Settlement
Wrongful Death/Medical Negligence
Failure to diagnose and treat prostate cancer.

$786,000 Settlement
Products Liability/Medical Negligence
Negligent provision of rigid bronchoscopy and stent placement resulting in hypoxemia.

$6,275,000 Settlement
Auto Accident
Negligent driver broadsided victim’s car necessitating two-and-a-half-month hospitalization and causing traumatic brain injury.

$750,000 Settlement
Medical Negligence
Failure to correctly read breast cancer biopsy resulting in delayed administration of chemotherapy.

$1,250,000 Settlement
Auto Accident
Elderly pedestrian walking her dog was dragged to the ground after a driver failed to yield the right of way and ran over her dog.

$1,550,000 Settlement
Medical Negligence
Negligent removal of a central line resulting in air embolus, stroke, and permanent brain injury.
Settlement

$375,000 Settlement
Wrongful Death/Medical Negligence
Failure of emergency room staff to diagnose and treat sepsis.

$3,700,000 Arbitration Award
Medical Negligence
Failure to diagnose and treat prostate cancer. $350,000 subsequently paid to patient’s family for his wrongful death.

$680,000 Settlement
Wrongful Death/Medical Negligence
Negligent performance of a CT Guided biopsy

$1,000,000 Settlement
Wrongful Death/Boat Accident
Negligent boat driver crashed boat at a high rate of speed into the dock crushing passenger. Settlement allocated $750,000/$250,000 to the decedent’s Mother/Father)

$1,500,000 Settlement
Medical Negligence
Failure to recognize and treat a laryngospasm following a rhinoplasty resulting in hypoxic injury.

$850,000 Settlement
Wrongful Death/Medical Negligence
Negligent administration of medication resulting in respiratory suppression, brain damage, and the subsequent death of patient.

$1,900,000 Settlement
Medical Negligence
Negligent removal of a central line resulting in anoxic brain injury and sever cognitive impairment.

$2,786,999 Trial Verdict
Medical Negligence
Incorrect read of Pap test by cytopathologist resulting in delayed diagnosis of cervical cancer.

$3,100,000 Settlement
Wrongful Death/Auto Accident
Intoxicated twenty-three-year-old driver caused head on collision by driving the wrong way on the freeway.

$4,350,000 Settlement
Wrongful Death/Auto Accident
Tow truck driver hit a K-rail barricade, crossed traffic, and struck and killed a single mother of two in a head on collision.

$12,754,000 Settlement
Premises Liability
Twenty-seven-year-old engineer injured by falling sign resulting in paraplegia.

$2,789,792 Arbitration Award
Medical Negligence
Fifty-two-year-old woman prescribed estrogen replacement drug resulting in abdominal emboli
and loss of most of her small bowel.

$913,000 Arbitration Award
Medical Negligence
Failure to diagnose and treat arterial venous malformation (AVM), resulting in rupture
and brain damage.

$1,783,740 Settlement
Medical Negligence
Inappropriate biopsy of noncancerous adrenal gland tumor resulting in partial paralysis.

$780,000 Trial Verdict & Settlement
Workplace Negligence
Construction worker pinned in trench when loader went out of control.

$4,350,000 Settlement
Wrongful Death/Auto Accident
Mother of two young children killed when truck crossed into oncoming traffic.

$600,000 Settlement
Products Liability
Thirty-year-old professional athlete with defective defibrillator.