Facts

Kristella Schuman was a 52-year-old married woman with three adult sons. On April 14, 2008, she felt chest pains and went to Eisenhower Medical Center. She was admitted by Doe defendant 1 to rule out cardiac problems. Doe defendant 2 was asked by the Doe defendant 1 to perform a cardiac consultation. Doe defendant 2 performed an angiogram and found nominal stenosis in only one of the decedent's vessels. He diagnosed a non-acute myocardial infarction and Prinzmetal's syndrome (coronary vasospasm). The decedent was discharged without being advised by Doe defendant 1 or 2 of being diagnosed with Prinzmetal's syndrome and the need to be on medication to prevent further vasospasm events. According to Doe defendant 2, on discharge, the decedent was advised orally and in writing to follow up, which she did not do.

Approximately three months after discharge, the patient suffered an acute myocardial infarction caused by vasospasms and passed away.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Doe defendants fell below the standard of care in providing care to the decedent and that the failure caused her death.

DEFENDANT'S CONTENTIONS:
Doe defendants contended that they did not fall below the standard of care and that the decedent was partly responsible for her own death.

Doe defendant 2 denied that he had any part in discharging the decedent from the hospital, and believed that she would continue to be admitted. The decision to discharge the patient was entirely the decision of Doe defendant 1, who did not first consult with Doe defendant 2. All parties agreed that Doe defendant 2 was aware of the proper outpatient treatment of a patient with Prinzmetal's syndrome, and that, had the decedent following up with him as instructed, she would not have died.

Settlement Discussions

Plaintiff made a CCP 998 demand of $140,000.00 for each defendant. No settlement negotiations occurred and no offers were discussed.

Result

Verdict for $1,414,160 ($14,160 funeral and burial expenses; $1.4 million past and future non-economic loss). Net Recovery: $264,160 (after reducing for MICRA limitations) plus costs per statute.

Other Information

FILING DATE: Nov. 26, 2008.

Deliberation

one day

Length

two weeks