Facts

On Nov. 13, 2002, Barbara Adams presented to Pomona Valley Community Hospital with complaints of chest, neck and head pain, as well as shortness of breath. Emergency Room physician Mark Boettger found the results of a portable chest X-ray taken of Adams to be normal. Boettger gave Adams, 38, three doses of morphine at 15-mg each in a four-hour period while she was hospitalized. He then released Adams from the hospital after diagnosing her with anxiety. The following day, radiologist Paul Reisch also viewed the portable X-ray and found its results to be normal after comparing it to a PA chest X-ray that had been done two years earlier. After her release from the hospital, Adams continued to suffer from chest pain. She died at her home on Nov. 15 from a ruptured aortic dissection. Adams' husband, Jason, sued Boettger and Reisch, alleging medical malpractice. Adams' two young children also joined the lawsuit. The plaintiffs sought wrongful death damages.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that the defendants misdiagnosed the decedent based on her X-ray after comparing it to a previous X-ray. The plaintiffs claimed that defendant Reich should have further evaluated the decedent's condition by ordering CT scans of her chest. As a result, the decedent did not receive surgery which even if scheduled for the morning of her death, would have saved her life.

DEFENDANT'S CONTENTIONS:
The defense did not dispute the fact that if the decedent had received surgery, even as late as the morning of her death, it was likely she would not have died. Defendant Boettger contended that the decedent's symptoms were not consistent with those of an aortic dissection. Further, Boettger claimed that he did not administer a dose of morphine that was too high when the decedent presented to the ER. Defendant Reisch confirmed that the X-rays that were compared were of a type that did not make the decedent's condition discernible.

Damages

The decedent was a homemaker. Her husband and two daughters, ages 5 and 7, sought $617,000 in future loss of household services. They also sought damages for loss of comfort and society and $5,101 in funeral expenses.

Result

Defense verdict for Dr. Reisch. According to defense counsel, the verdict amount was reduced as follows: the $617 in future loss of household services was reduced to the present cash value of $224,000, and the general damages of $475,000 was reduced to $250,000 per MICRA. The adjusted verdict of $704,101.59 was then reduced to 479,101.59. Defendant Boettger was found 100 percent liable for the decedent's death; however, according to defense counsel, prior to entry of judgment a settlement was reached and thus, no judgment was entered against Dr. Boettger.

Deliberation

eight hours.

Length

11 days