Brentwood Attorney Daniel Balaban Honored for Helping Terminally Ill Patient

SAN FRANCISCO, Nov. 22, 2013 /PRNewswire/ -- Attorney Daniel Balaban of Brentwood's Balaban and Spielberger won the prestigious "Street Fighter of the Year" award Saturday night at the annual gala of the Consumer Attorneys of California (CAOC). Each year the statewide organization honors one outstanding trial lawyer from a small, California firm who achieves a significant result on behalf of a consumer.

The award recognizes the 39-year-old attorney's tenacious representation of 60-year-old Ilya Bershadsky, a terminally ill patient who sued his doctor for misdiagnosing his pancreatic cancer.

Balaban says the insurance companies would not offer any pre-trial settlement, instead employing a strategy to let Bershadsky die prior to trial. Under California law, heirs cannot bring wrongful death claims on behalf of terminally ill cancer patients who pass away before trial. [Bromme v. Pavitt (1992) 5 Cal.App.4th 1487]

As Bershadsky's health rapidly declined, it became clear he wouldn't live to see his trial date of May 21, 2012.  Balaban made his client a promise.

"I told him I would spend whatever it took," Balaban said. "I'd spend the time and take his case to trial and I wouldn't charge him a dime.  I wouldn't charge his heirs a dime because I was offended what the insurance companies were trying to do to him."

Appalled at the insurance company's conduct, Balaban asked the judge to make an emergency ruling to begin the trial immediately.

"I told the judge that this case won't settle and that we need the trial," Balaban said. "And the judge asked me, 'When?'  And I said,  'Today because this man's going to die."

The defendants objected, arguing the judge didn't have the authority to set a trial date so quickly and that their experts had scheduling conflicts.  At a pre-trial hearing, Balaban dismissed three of the defendants, keeping only the primary defendant, Martin Lee, M.D.  The court granted Balaban's motion, transferred the case to another judge and the trial began three days later on April 23, 2012.

During the bench trial, Balaban presented a compelling argument against defendant Martin Lee, M.D. for what he called blatant malpractice and disregard for Mr. Bershadsky.

"Our case was about one thing only," Balaban said. "The delay in diagnosis allowed the tumor to grow which caused him more pain and increased rounds of radiation during the time he had left."

The judge agreed, and awarded Mr. Bershadsky a $100-thousand verdict. Balaban and Bershadsky celebrated the bittersweet victory with Champagne at Bershadsky's hospice care facility. Ilya Bershadsky died ten days later with a sense of vindication, Balaban said.

"He got some accountability for the situation, some money for his family and according to him, a new respect for lawyers," said Balaban.

Balaban, who has won multi-million-dollar verdicts and settlements in his practice said, "It was one of the greatest victories I've ever had."

Daniel Balaban and his law partner, Andrew Spielberger started their boutique firm, Balaban & Spielberger five years ago in Brentwood, CA. Balaban specializes in substantial lawsuits in various areas including pharmaceutical litigation, government liability, product liability and medical malpractice.    

For more information contact Gina Fernandes with Juris Productions at 626-356-3006 (Office) or 626-376-1456 (Cell) or email: [email protected].

Media Contact:
Gina Fernandes
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SOURCE Attorney Daniel Balaban