Facts

In May 2008, Harvard Robbins, a pediatrician, presented with Dr. Irwin Shelub at Peninsula Pulmonary Group complaining of asthma. He was treated and allegedly advised to follow-up, which he did not. Dr. Robbins later did a self-test for tuberculosis, which came up positive. As a result, he returned to Dr. Shelub in Aug. 2008, and was diagnosed with latent tuberculosis. He was prescribed antituberculosis medicine (INH) in Sept. 2008. In Oct. 2008, liver function studies were normal. In Nov., he developed fatigue and other symptoms and was admitted to the hospital in Dec. He was diagnosed with and treated for jaundice. He missed six weeks of work and did not return to full strength until April 2009. He sued Shelub and Peninsula Pulmonary for medical malpractice for negligent treatment and failure to provide informed consent.

PLAINTIFF'S CONTENTIONS:
Robbins claimed that Shelub failed to warn him of the risks of taking INH, which caused his jaundice. He also claimed that he was never told to come back for follow-up evaluations or for more liver function studies.

DEFENDANTS' CONTENTIONS:
Defendants claimed that Robbins was given informed consent about the risks of taking the medicine, including jaundice. They also claimed that since Robbins was himself a medical professional and pharmacist, he was well aware of the associated risks prior to treating with them. Shelub also claimed that he told Robbins to return to the hospital as soon as he experienced symptoms, but that he had waited until a month after first experiencing symptoms.

Damages

Robbins sought $450,000 in total damages for past lost earnings and past and future pain and suffering.

Injuries

Robbins claimed that his treatment and recovery from over jaundice took roughly six months and he was concerned over developing future liver problems.

Result

The jury rendered a defense verdict.

Deliberation

6.5 hours

Poll

12-0 (lack of informed consent), 9-3 (negligence)

Length

three weeks