Case Background: Facts in the Backdrop of the Incident
Makroohi Nishanian, her daughters Maria Nishanian and Tina Boyajian-Nishanian, sued Keck Medical Center of USC and Dr. Ramon Ter-Oganesyan. The case arose after the death of Makroohi’s husband, Taniel Nishanian, following a CT-guided liver biopsy at Keck Medical Center in Los Angeles on December 21, 2022. The family alleged negligence in the performance and follow-up care after the procedure.
Cause: Events Leading to the Legal Dispute
During the biopsy, Dr. Ter-Oganesyan made six attempts to obtain a specimen. These passes allegedly caused a liver perforation or laceration, leading to internal bleeding. The operative report noted a small pneumothorax, and serial x-rays were planned before discharge. Despite severe pain and low hemoglobin levels, Taniel was sent home the same day. The next day, he returned to the ER with further hemoglobin drop. Within 48 hours of the procedure, he suffered a hemothorax, cardiac complications, and declining blood pressure, leading to his death on December 23, 2022.
Injury: Plaintiff’s Injuries and Their Impact
The plaintiffs alleged that Taniel endured severe pain, bleeding, and medical complications from the biopsy until his death. They claimed the incident deprived the family of his love, companionship, and financial support. The physical and emotional toll extended to the plaintiffs, who described the loss as profound and life-altering.
Damages: Claimed Damages
The family sought general damages for loss of love, comfort, and support. They requested compensation for Taniel’s pre-death pain and suffering under CCP §377.34(b), within Civil Code §3333.2 limits. They also sought recovery for funeral and burial costs, related expenses, and loss of financial support.
Key Arguments and Proceeding
Legal Representation
Plaintiff(s): Boyajian-Nishanian Tina | Makroohi Nishanian as Successor-in-Interest for Taniel Nishanian | Markroohi Nishanian as Successor in Interest for Taniel Nishanian | Nishaian Maria | Nishanian Individually Makroohi
Counsel for Plaintiff: Jason N. Argos | Argos Law, APC
Defendant(s): County of Los Angeles | Keck Medical Center of USC | Ter-Oganesyan Ramon M.D. | University of Southern California dba Keck Hospital of USC (erroneously sued and served herein as Keck Medical Center of USC)
Counsel for Defendants: Robert L. McKenna III | Danielle Corkhill Velazquez | Phillip S. Glass | Kjar, McKenna & Stockalper, LLP | David J. Weiss
Claims: Claims Against the Defendants
Count 1 – Medical Negligence / Wrongful Death: Negligent performance of the biopsy and follow-up care caused fatal injuries.
Count 2 – Survivor Action: Damages for Taniel’s pain, suffering, and emotional distress in the 48 hours before death.
Defense
The County of Los Angeles, the University of Southern California doing business as Keck Hospital of USC, and Dr. Ramon Ter-Oganesyan denied all allegations in the First Amended Complaint and disputed that their actions caused any injury or damages. They argued that any harm was due to the negligence of the plaintiffs, the decedent, or third parties, and sought to reduce any recovery based on comparative fault.
The defendants raised numerous affirmative defenses, including statute of limitations, failure to mitigate damages, assumption of risk, consent to treatment, superseding causes, and compliance with legal immunities under the California Government Code and MICRA. They also cited procedural bars such as failure to comply with pre-suit notice and claims requirements, and reserved the right to assert further defenses. Both parties demanded a jury trial.
Settlement
On August 15, 2024, plaintiffs Makroohi Nishanian (individually and as successor in interest for Taniel Nishanian), Maria Nishanian, and Tina Boyajian-Nishanian reached a conditional $550,000 settlement with defendant County of Los Angeles in their case against Keck Medical Center of USC, Dr. Ramon Ter-Oganesyan, and others. The settlement requires approval by the County’s Claims Board and Board of Supervisors. The County requested the court set an Order to Show Cause re: Dismissal hearing for approximately 90 days later, around November 13, 2024.
Court Documents
Court documents are available for purchase upon request at [email protected]
