Facts

The decedent, Mrs. Linda Emmer, was a patient of defendant Facey Medical Group, and began treating with defendant Dr. Andrew Karlin, an internist, in April 2003 for electrolyte imbalance. Dr. Karlin suspected Mrs. Emmer was misusing diuretics, but Mrs. Emmer denied such case. Thereafter, in June and July of 2003, Dr. Karlin sent Mrs. Emmer to a nephrologist to correct the electrolyte imbalance.

On Friday, July 25, 2003, Mrs. Emmer presented to Dr. Karlin with the complaints of weakness and a 30-pound weight loss within the past month. Dr. Karlin drew routine blood labs and ordered a CT scan of the abdomen and pelvis, suspecting cancer. On Monday morning, July 28, 2003, Mrs. Emmer was found in bed with difficulty breathing. She was resuscitated and transported by paramedics to the hospital, but was pronounced dead upon arrival.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Dr. Karlin should have suspected Mrs. Emmer's 30-pounds weight loss was due to continued diuretic abuse, and he should have hospitalized her on July 25, 2003 to either correct the electrolyte imbalance that resulted in cardiac arrhythmia or prevented her from using Vicodin (a synthetic opiate) in excessive amounts as found by the coroner at autopsy. Plaintiffs contended Facey Medical Group was vicarously liable for its employee, Dr. Karlin.

DEFENDANT'S CONTENTIONS:
Dr. Karlin contended that it was within the standard of care to investigate whether Mrs. Emmer's excessive weight loss was due to cancer, as she had denied using diuretics and refused an earlier referral to a psychologist or psychiatrist. Dr. Karlin also contended that he did not know a podiatrist outside of Facey Medical Group had prescribed Vicodin, and Mrs. Emmer died of Vicodin overdose, not cardiac arrhythmia from electrolyte imbalance.

Specials in Evidence

Approximately $8,000 annually.

Damages

Funeral costs, $9,000. Plaintiff asked the jury to award past and future noneconomic damages between $250,000 to $750,000.

Injuries

Wrongful death of Mrs. Emmer, a 55-year-old retail sales clerk, and the loss of her love, affection, companionship, and financial support.

Result

Defense verdict.

Other Information

Plaintiff Louis Emmer works in an auto dealership as an accountant. Plaintiff Sarah Emmer is a student.

Deliberation

two hours

Poll

11-1

Length

five days