Bonnie and Donald Burke v. Roderick D. Ponath, M.D.
Published: Aug. 19, 1995 | Result Date: Jun. 30, 1995 | Filing Date: Jan. 1, 1900 |Case number: 647657 – $97,500
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Margaret M. Holm
(Tyson & Mendes LLP)
Experts
Plaintiff
Donald T. Lunde
(medical)
Joseph R. Mulhern
(technical)
Richard S. Tindall
(medical)
Jack Kohut
(medical)
Defendant
Steven Potkin
(medical)
Facts
Plaintiff Bonnie Burke had a 2-year preexisting history of progressively worsening muscle weakness in her arms and legs, causing her to fall and eventually quit work in 1974, as a 23-year-old office clerk. Before this, she had very active and healthy life. Her general practitioner was confused about the cause of her weakness and said it could be neurological and found that she was getting very emotional over the condition. Plaintiff saw a therapist who came to her home 5 or 6 times, in an effort to help her with assertiveness, since her condition was causing her to be afraid to go out of her home. In January of 1978, Plaintiff was so weak that she could not rise from the toilet, so she was taken to Westminster Community Hospital there the emergency room doctor diagnosed myasthenia gravis a (neuromuscular disease) and called in a neurologist David Holstein, M.D., who performed several tests. The neurologist was not sure if Plaintiff had myasthenia gravis or an emotional problem; so he called in Defendant psychiatrist Roderick Ponath, M.D., to meet Plaintiff. Dr. Ponath immediately diagnosed an emotional problem, finding that Plaintiff "could not assert herself" and would literally "fall over her own feet" when she tried. Dr. Ponath said that Plaintiff had an emotional problem causing her weakness and falling; and he diagnosed "hysterical neurosis, conversion-type and phobic neurosis." Dr. Ponath alleged that he was never told by the neurologist that the physical disease of myasthenia gravis had not been entirely ruled out, although the medical records state that Dr. Holstein was "uncertain" if Plaintiff had myasthenia gravis. Dr. Ponath provided psychotherapy to Plaintiff for 12 years, but her weakness and falling continued throughout those years. In 1979, when Plaintiff moved to Fontana, Dr. Ponath allowed her to consult with him by telephone from 1979 to 1989 (except 2 office visits in 1986). Plaintiff also saw a rheumatologist in August of 1980, to test for arthritis and balance/eyes; he did not test for myasthenia gravis. Plaintiff also treated with doctors in Fontana twice in 1985 for bruises from her falling; and she was also followed by an ophthalmologist. However, all these doctors knew that Plaintiff was treating with a psychiatrist who had stated that the weakness and falling were caused by a "nervous" condition. During a January 1990 ophthalmological visit, Plaintiff's eyes were severely drooping; and so she was referred to a general practitioner who confirmed that Plaintiff had myasthenia gravis. The medication for this condition resulted in an immediate cessation of Plaintiff's symptoms.
Settlement Discussions
Plaintiff contends her final demand was $200,000 and Defendant made no offer, gave no consent.
Specials in Evidence
$9,300 $216,000 $26,000
Damages
Plaintiff asked the jury to award: $700,000 for loss of having children and emotional distress; $220,000 for loss of earnings (12 years); and $150,000 for loss of consortium damages for Plaintiff's husband -- for a total of $1,066,000.
Injuries
Severe emotional distress; 12 years of needless treatment; and a decision not bear children.
Other Information
A previous jury deadlocked (7-5 in favor of Defense) in June of 1994, on the matter of Defendant Ponath's liability; that jury found no liability (9-3) as to the neurologist and (12-0) as to the hospital; these 2 Defendants were thereby dismissed from the case.
Deliberation
2.5 days
Poll
9-3
Length
3 weeks
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