Los Angeles, Calif. — Managing Partner, Samer Habbas of the Law Offices of Samer Habbas & Associates secured a $275,000 settlement on a sexual assault case. Before retaining our firm, the assault survivor was originally dropped by her prior attorney who thought her case had no value and felt it was not worth pursuing legal action. Additionally, after an investigation, the district attorney decided to not proceed with criminal charges against the perpetrator.
This case had many challenges including the results of DNA analysis. It was certainly without risks as at least one other attorney had withdrawn from representation. Despite that, Habbas fronted thousands of dollars in litigation costs to obtain justice for his client.
The victim had come into the Emergency Room for complaints of abdominal cramps. She was ordered to have both an abdominal ultrasound and a transvaginal ultrasound. She claimed that her assigned ultrasound technician began to make her feel uncomfortable by speaking inappropriately. The lawsuit alleged that the technician then violated the patient by penetrating her with his ungloved fingers.
Examinations as such already put women in an extremely vulnerable position. To be violated by the medical professional they put their trust in takes away all of their sense of security—at that moment and thereafter. Habbas filed suit against the hospital on grounds for neglecting to supervise and train employees on proper protocol, as well as against the ultrasound technician for sexual battery and assault. The technician (defendant) invoked his Fifth Amendment right against self-incrimination throughout the duration of the lawsuit. Despite that, Habbas was able to navigate the obstructions put up by the defense and poke holes into their arguments.
The hospital had no intention to originally settle. However, with Habbas’ relentless approach, the case settled at mediation for $275,000.