Ronald Johnson v. V. James Makker 1/25/2011

1
2
3
4
10
11
5 RONALD L. JOHNSON,
6 Plaintiff,
7 v.
8 V. JAMES MAKKR, M.D., Individually
and Doing Business As BRAIN AND
9 SPINE SURGERY NORTHWEST,
IN THE. CIRCUIT COURT OF THE STATE OF OREGON
Defendant.
FORTHECOUNTY OF MULTNOMAH
)
) Case No. 0908-11367
)
) SECOND AMENDED COMPLANT
) AND DEMAND FOR JURY TRI
)
) MEDICAL MALPRACTICE
)
) NOT SUBJECT TO MADATORY
) ARITRATION
)
14 1.
1 2 COMES NOW plaintiff, and fot hisCoinplaintagainstdefendant, hereby alleges as
13 follows:
15 At all timesmateriaLherein, defendant V. James Makker, M.D. (hereinafter
16 "defendant Makker") Was aphysicianlîcensed to practice surgery in the State of Oregon
19 2.
17 and practicing the surgical specialty of
18 including plaintiff herein.
neurosurgery on patients in Multnomah County,
20 At all times material herein, Brain and Spine Surgery NörthWestwas an assumed
23 3.
21 business name of defendant Makker, who
22 name.
held himself out to theptiblicundersuch
24 Defendant Makkerperfötined sixrleurosurgicaLpröcedtiresonplaintiffat
25 Providence Portland Medical Center betweenJune27,2006 and April 29, 2008, to wit:
26 on or about June 27, 2006; June 29,2006; February 1, 2007; August 13,2007; October
Page 1 - SECOND AMENDED COMPLANT MILLER & WAGNER lJ
Trial Lawyers
2210 NW. Flanders Street
Portland, Oregon 97210-3408
(503) 299-6116

3 4.
1 18, 2007; and April 29, 2008. Defendant was paid for some or all of the fees and
2 servces for which he biled plaintiff for these surgical procedures.
4 Plaintiff was permanently injured as a result of the surgical procedures performed
5 by and through the negligence of defendant. Plaintiff sustained permanent weakening of
6 his cervcal and lumbar spines, pain and suffering associated with the surgeries, recovery
7 therefrom, and from the instabilty caused by the surgical procedures. Plaintiffs injuries
8 include pain and loss of neurological function in his neck, low back and his upper
11
9 extremities, as well as
5.
a permanent loss of neurological function and movement of his
10 lower left leg and foot caused by the surgery of August 13, 2007.
12 Defendant Makker was negligent in one or more of the following particulars:
13 (a) In performing unnecessary surgeries on plaintiff herein;
14 (b) In performing surgeries on plaintiff without clinical or radiographic
15
16
17
(c)
indications to do so;
In prescribing excessive amounts of pain medications to plaintiff following
the above-alleged surgical procedures;
18 (d) In purporting to perform surgical procedures that were not, in fact, done;
19 and
20 (e) In positioning plaintiff and/or retracting plaintiffs tissues in such a way as
23
21 to cause permanent
6.
neurologic injury to plaintiffs lower left leg and foot in
22 the surgery of August 13, 2007.
24 Plaintiff did not know and could not reasonably have known or discovered his
25 claims against defendant until a time within two years of the date this case was
26 commenced.
Page 2 - SECOND AMENDED COMPLAINT MILLER & WAGNER lJ
Trial Lawyers
2210 NW. Flanders Street
Portland, Oregon 97210-3408
(503) 299.6116

1 7
2 As a direct result of defendant's negligence, plaintiff has been injured in the
5
3 respects claimed
8.
in paragraph 4, above. Plaintiff has thus sustained non-economic
4 damages in the amount of $1,250,000.00.
6 As a direct result of defendant's negligence, plaintiff has required ongoing medical
7 treatment and medications, and such treatments and medications will continue into the
8 future. Plaintiffs abilty to work and earn an income in his usual occupation has also
9 been permanently affected. Plaintiff, therefore, has sustained economic damages in the
10 amount of $400,000.00.
11 WHEREFORE, plaintiff prays for judgment against defendant as follows:
12 (a) $1,250,000.00 in non-economic damages;
13 (b) $400,000.00 in economic damages; and
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 3-
(c) For plai~~s costs and disbursements incurred herein.
DATED this ts day of January, 2011.
MILLER & WAGNER
K.~
LLP
D vid K. Mi ler, OSB #823370
Of eys for Plaintiff
Trial Attorney: David K. Miler
SECOND AMENDED COMPLANT MILLER & WAGNER lJ
Trial lawyers
2210 NW. Flanders Street
Portland, Oregon 97210-3408
(503) 299-6116

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
Page 1 -
CERTIFICATE OF SERVICE
I hereby certify that on the 25th day of Jariuary,2011, I servedthe foregoing
SECOND AMENDED COMPLAINT on the following parties atthe folloWing.addresses:
Stephen.R.Ras11ussen
Michael D. Hoffman
Hoffrran,i-art&VVagner, .LLP
lOOO..SWBroadway,20thFloor
Pordand,()R97205
Attorneys for Defendant Dr.. Makker
by mailng a true and correct copy thereof, certifiedbyine as such, placed in a sealed
envelope addressed to the individualnarnedabove, .and depösitedintheU.S.pöstOffice
at Portland, Oregön,on said day With postage prepaid.
CERTIFICATE OF SERVICE MILLER & WAGNER lJ
Trial Lawyers
22210 NW. Flanders Street
Portland, Oregon 97210-3408
(503) 299-6116