Tiffany L. Hans and Kimberly E. Spadoni v. Scripps Clinic Medical Group Inc., Emerald Leon, Katherine McNeil, and Christopher J. Suhar M.D.
Published: May 7, 2016 | Result Date: Nov. 18, 2015 | Filing Date: Jan. 1, 1900 |Case number: 37-2014-00018793-CU-MM-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Mark B. Simowitz
(Mark B Simowitz APC)
Defendant
Robert W. Frank
(Neil, Dymott, Frank, McCabe & Hudson)
Facts
Tiffany Hans and Kimberly Spadoni sued the Scripps Clinic Medical Group Inc., Emerald Leon, Katherine McNeil, and Christopher J. Suhar M.D., alleging medical malpractice in connection with the death of 65-year-old Alexander Spadoni.
Contentions
PLAINTIFFS' CONTENTIONS:
In 2012, the decedent allegedly underwent an electrocardiogram and myocardial perfusion imaging treadmill test after the decedent, who had been an avid runner, began complaining of shortness of breath and chest pain in his runs. The decedent thought the symptoms were related to gastroesophageal reflux disease so he started seeing Scripps cardiologist, Dr. Suhar, in 2010. Dr. Suhar ordered the EKG/MPI treadmill test in 2012. In 2013, the decedent suffered a heart attack while running. The doctors determined the decedent to have atrial fibrillation and that he had suffered an anoxic brain injury. The doctors also discovered coronary artery disease in three of his main blood vessels. His daughters, plaintiffs, eventually decided to take him off life support. They then sued defendants for failing to diagnose their father's heart disease, which resulted in his untimely death. Defendants' actions allegedly constituted medical malpractice and they were liable for the wrongful death of their father. Ultimately, the matter continued against Dr. Suhar and Scripps only. Plaintiffs claimed Dr. Suhar should have ordered an angiogram after the EKG/MPI test produced conflicting results.
DEFENDANTS' CONTENTIONS:
Defendants denied committing malpractice. Dr. Suhar claimed he properly relied on the test results.
Settlement Discussions
Hans and Spadoni demanded $159,000 in settlement, which defendants countered with a CCP 998 offer of $29,999.
Result
The jury ultimately rendered a defense verdict, finding neither Dr. Suhar nor Scripps negligent.
Other Information
FILING DATE: June 11, 2014.
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