Facts

On March 8, 2011, Jamie Costa, 21, went to the emergency room at Mercy Hospitals of Bakersfield. Costa was experiencing pelvic pain, and a pregnancy test showed that she was pregnant. Costa later presented to San Dimas Medical Group, and met with Dr. Tillai Kannappan. Dr. Kannappan performed various tests, which led her to suspect an ectopic pregnancy. Costa then chose to receive a methotrexate injection to end the pregnancy.

On April 1, Costa reported to San Dimas Medical Group again with severe pelvic pain. The physician performed a laparoscopy to find out more, but found no evidence of a ruptured ectopic pregnancy. A week after Costa received her injections, she passed the products of her conception and ended her pregnancy.

Costa then sued San Dimas Medical Group, Dr. Kannappan, and others.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that given the fact she had previously been told that it was unlikely that she would be able to become pregnant because of a history of fibroid tumors and prior surgery for that condition, she would have elected to continue the pregnancy had she been given all of the relevant information by the doctor. Instead of explaining to her that it might be too early to detect the pregnancy on ultrasound, Dr. Kannappan told her that this was an ectopic pregnancy, which could be life-threatening and she only had two options - both of which involved terminating the pregnancy. When another doctor took her to surgery expecting a ruptured ectopic pregnancy, there was no evidence of an ectopic pregnancy. Therefore, plaintiff contended, she had terminated a potentially viable intrauterine pregnancy.

Plaintiff also contended that Dr. Kannappan should have run further testing to try to rule out a viable pregnancy before recommending termination of the pregnancy.

DEFENDANT'S CONTENTIONS:
Dr. Kannappan denied not meeting the standard of care, and claimed her actions were reasonable. She had explained to Costa her options, and Costa chose to terminate the pregnancy.

Settlement Discussions

Plaintiff demanded $30,000. Defendant offered $15,000.

Damages

Costa sought $250,000 in damages.

Result

The jury returned a defense verdict, concluding that Kannappan was not negligent. However, it was a hung jury on informed consent.

Deliberation

three days

Poll

12-0 (no negligence)

Length

eight days