Facts

Plaintiff Jose Topete, a 55-year-old disabled former Associate Tax Auditor for the state, had a history of chronic bouts of crippling depression, was referred for electroconvulsive therapy, by his treating psychiatrist, Dr. Eugene Fealk.

Dr. Theodore Goodman and Dr. Robert Blanco administered the ECT treatment at co-defendant Sutter Center for Psychiatry. A total of 23 ECT sessions took place over a period of months.

Plaintiff filed suit against Sutter Health, Dr. Goodman, Dr. Blanco, James C. Stoody, M.D., Dr. Fealk, and Charles Panadero, M.D. Defendant Dr. Stoody, a neurologist, was dismissed prior to trial, as was defendant Dr. Panadero, a psychiatrist.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed Dr. Fealk negligently prescribed anti-depressant medications and negligently recommended electroconvulsive therapy treatment.

Damages

Plaintiffs sought $2.2 million in damages.

Injuries

Topete claimed he suffered severe memory loss as a result of the ECT treatments and/or the overuse of psychotropic medications. Margaret Topete, 53, claimed a loss of consortium.

Result

Defense verdict.

Other Information

An appeal is currently pending in the 3rd Appellate District of California. Plaintiffs are appealing defendant Sutter Health Sacramento Sierra Region doing business as Sutter Center for Psychiatry's pre-trial motion for summary judgment. A court ordered Mandatory Settlement Conference was held on May 1, 2013. No settlement was achieved. INSURER: Cooperative of American Physicians/Mutual Protection Trust insured Dr. Goodman and Dr. Blanco.

Deliberation

three hours

Poll

11-1

Length

13 days