Walter Teifert, Jodi Teifert and Troy Teifert v. Dr. Warren Taff, So. California Mental Health Network Medical Group, Inc., and Ann Carter-Hargrove
Published: Apr. 20, 1996 | Result Date: Mar. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: 720450 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Tammy Horton Lund
(Law Offices of Tammy H. Lund)
Experts
Plaintiff
Wayne H. Lancaster
(technical)
Edward Kaufman
(medical)
Defendant
Eric H. Marcus
(medical)
Jeffrey M. Lulow
(medical)
Facts
On November 22, 1992, the decedent, Darlene Teifert, a 40-year-old nurse's aid, committed suicide in a motel room by placing a bag over her head and securing rubber bands around her neck to hold the bag in place. The plaintiffs, Walter Teifert, (the decedent's husband), Jodi Teifert, (the decedent's adult daughter) and Troy Teifert, (the decedent's son), alleged that the decedent committed suicide after leaving a message with her therapist, defendant Dr. Anne Carter-Hargrove. The decedent's message to defendant Dr. Carter-Hargrove tindicated that defendant Dr. Warren Taff had taken her off Prozac. She also said "good- bye in her mesage." The decedent was first seen by Defendant Dr. Carter-Hargrove several years before her death. The decedent's condition had improved and she was able to work prior to her death. She was seen by defendant Dr. Taff, 5 times in 1992, for an evaluation of chronic depression and suicidal thoughts. In February of 1992, defendant Dr. Taff prescribed Prozac for the decedent, allegedly resulting in dramatic improvement in the decedent until November, 1992 when she experienced psycho-motor agitation and other hypomanic symptoms. On November 19, 1992, Dr. Taff recommended adding Lithium with the Prozac to treat the decedent's other symptoms. The plaintiffs alleged that the decedent refused the Lithium out of a fear of being sedated. Dr. Taff discontinued the Prozac and substituted Wellbutrin, another anti-depressant. The plaintiffs alleged that the decedent informed defendant Dr. Taff of her fear of discontinuing the use of Prozac. The plaintiffs also alleged that the decedent had been sexually molested by a relative (not a defendant) from the age of 5 to 13; she had attempted to commit suicide a number of times before and after marrying the plaintiff, Walter Teifert, starting at the age of 16; she was hospitalized numerous times during her marriage for attempted suicide and psychiatric problems; the plaintiff, Walter Teifert, had also attempted to commit suicide during their marriage; and the decedent was under the continual care of psychiatrists and therapists for chronic depression and suicidal thoughts during the 10 year period prior to her death. The plaintiffs brought this action against the defendants, Dr. Taff, Dr. Carter-Hargrove, and Southern California Mental Health Network Group (Dr. Taff's employer) based on negligence and medical malpractice theories of recovery.
Settlement Discussions
Per the defendants, the three plaintiffs each made a C.C.P. º998 settlement demand for $199,000 to Dr. Taff and $199,000 to defendant Ann Carter-Hargrove totaling $1,200,000. The defendants made no offers. The defendant, Ann Carter-Hargrove, made a C.C.P. º998 offer of compromise for $30,000. Per defendant Dr. Carter-Hargrove, there was $50,000 in settlement authority available from Dr. Carter-Hargrove but the defendant, Dr. Taff, would not consent to settle. The plaintiffs would not settle with Dr. Carter-Hargrove without Dr. Taff. Per the plaintiff, the plaintiffs made a total demand of $499,000.
Damages
The plaintiffs claimed $610,000 for economic and non-economic damages (disputed).
Injuries
Death of wife and mother.
Result
Settlement conferences were held in October of 1994, before a judge pro tem and in November of 1994, before Judge Walker. The settlement conferences did not resolve the matter.
Other Information
The verdict was reached approximately two years and four months after the case was filed. The jury was unable to reach a verdict as to liability to Dr. Taff and the jury explained that they (6-6) felt Dr. Taff was negligent in not seeing the decedent from May through November of 1992, while providing prescription medication during this time period.
Deliberation
2 days
Poll
6-6 (liability - Dr. Taff), 11-1 (liability - Dr. Carter-Hargrove), 11-1 (causation - Dr. Taff)
Length
11 days
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