Neal C. Lutterman joined Wilke, Fleury in an Of Counsel capacity in 2015. Neal’s practice focuses on the defense of physicians, hospitals, medical groups and allied healthcare providers in professional liability matters. For three and a half years prior to joining the firm, Neal was a Deputy City Attorney with the City of Stockton where he served as the Litigation Division Supervisor and was a member of the City’s municipal bankruptcy project management team. Additionally, Neal served as the primary advisory attorney to a number of key City departments, including the Police Department, Fire Department, Administrative Services Department (Finance, Budget, Accounting, Information Technology and Revenue), as well as Code Enforcement Division.
Prior to his tenure with the City of Stockton, Neal was a shareholder in the litigation firm of Riggio Mordaunt Kelly & Lutterman. For nearly 15 years, Neal represented physicians, surgeons, hospitals and medical groups in professional negligence actions. Additionally, Neal successfully represented physician clients before the Medical Board of California and in proceedings before hospital credentialing committees.
Jane Doe v. Family Practitioner. San Joaquin County Superior Court. Defense verdict (9-3 on causation) after nine trial days. Case involved allegations of a botched referral by primary care physician resulting in the patient being lost to follow up and an over 2 year delay in the diagnosis of nasopharyngeal carcinoma. When the patient finally did return for follow up, she was diagnosed with Stage 4B disease. After undergoing lengthy treatment, she recovered. At the time of trial, she was still cancer free, however, the plaintiff’s expert testified that she had a significantly decreased life expectancy. Plaintiff blackboarded damages in excess of $1 million.
Jane Doe v. OB/GYN. San Joaquin County Superior Court. Defense verdict (11-1) after eight trial days. Plaintiff alleged negligent treatment of dysfunctional uterine bleeding, followed by negligent laparoscopic assisted vaginal hysterectomy by a gynecologist/surgeon. During the procedure, the patient suffered a rent in the bowel. Following surgery, the patient developed multiple organ failure, but failed to present any classical symptoms of peritonitis, resulting in a delayed diagnosis of the bowel injury . The patient’s recovery was long and difficult with a lengthy ICU stay, wound dehiscence and wound healing by secondary intention. Plaintiff blackboarded damages in excess of $ 1 million.
John Doe v. Occupational Medicine Physician. San Joaquin County Superior Court. Defense verdict (12-0) after 13 trial days. Plaintiff alleged negligent treatment by an occupational medicine specialist of a penetrating wound through the bottom of the great toe, resulting in a joint space infection. After lengthy follow up care, the patient complained of unrelenting intractable pain resulting in the eventual amputation of the great toe. Plaintiff blackboarded damages in excess of $800,000.
Licenses and Admissions
State Bar of California
Admitted to practice before all courts of the State of California
Admitted to appear before the United States District Court, Eastern, Northern and Central Districts
Professional Involvement and Memberships
State Bar of California
Sacramento County Bar Associaiton
Member of California Society of Healthcare Risk Managers
Consuelo M. Callahan Inn of Court: Barrister Member 2006-2009
Board of Governors, San Joaquin County Bar Association 2003-2006
San Joaquin County Bar Association MCLE Committee Co-Chair
Past Member, Association of Defense Counsel
Presentations and Publications
Honors and Awards
Sacramento Magazine - Top Lawyers (2017 - 2020)
Northern California Super Lawyers (2020)
Civic and Community Involvement
Former Board Member, American Lung Association, Valley-Lodge Branch
Leadership Stockton, Class of 2000
Neal lives in Sacramento with his wife and two kids. His pastimes include cycling, hiking and snowshoeing, honing his skills as an amateur chef, and completing a never-ending list of home improvements.
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