Facts

Toni Kirkpatrick suffered from heavy inveterate menstrual bleeding. Her gynecologist, Gordon Roget, attempted to treat her with hormone therapy. When this failed, her internist, Tomio Odama, began treating her with iron shots to increase her hematocrit, in preparation for endometrial ablation surgery. Anesthesiologist Marvin Escara met with Kirkpatrick. He reviewed her medical history and current physical health. Kirkpatrick was morbidly obese, but told Escara that she could climb two flights of stairs and walk several blocks without experiencing shortness of breath. Escara noted that Kirkpatrick had undergone an emergency laparotomy four years prior, and her EKG was normal. Escara felt that Kirkpatrick's hematocrit level was acceptable, and that it was safe to proceed with surgery. Kirkpatrick rejected spinal anesthesia, so Escara induced general anesthesia. Approximately 40 minutes into the surgery, Roget noticed Kirkpatrick's leg had moved. Escara was unable to identify any movement and used a nerve stimulator to produce movement. However, Kirkpatrick's vital signs remained stable. Escara administered a paralyzing agent, and five minutes later, Kirkpatrick's carbon dioxide level and heartbeat decreased. Her heart stopped, and she died. The cause of death was believed to be an embolism. Kirkpatrick's children filed suit against Escara, Odama, and Roget for medical malpractice.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendants had failed to meet the requisite standard of care. Specifically, they claimed that the hormone therapy prescribed by Roget exacerbated decedent's bleeding and led to her need for the surgery. Their obstetrics expert opined that decedent should have been treated with Lupron and low-dose birth control pills. He also testified that decedent had a clinically significant fibroid which should have disqualified her as a candidate for the surgery. Plaintiffs also argued that Escara had not completed proper work-ups on decedent prior to her surgery. Their anesthesiology expert opined that that decedent's doctors should have obtained a chest x-ray, echocardiogram, pulmonary function test, and arterial blood gas test prior to operating because decedent's morbid obesity made her a high-risk candidate for the operation. Finally, plaintiffs claimed that decedent could have returned to work, had the operation been successful, and sought lost wages.

DEFENDANTS' CONTENTIONS:
Defendants claimed that their treatment of decedent had met the requisite standard of care. They introduced testimony from their cardiology expert, who opined that decedent's death was due to an air embolism. He stated that the tests performed by defendants had met the standard of care, and that additional tests would not have been helpful. Defendant's internal medicine expert and anesthesiology expert both opined that the tests plaintiffs' expert stated were necessary were not required for defendants to meet their standard of care. On cross-examination, plaintiff's expert admitted that out of approximately 100 obese patients he had anesthetized, he had only completed complete work-ups on about ten percent of them, and thus failed to meet the standard of care he opined was necessary. The defendants' anesthesiology expert also stated that general anesthesia was appropriate. Defendants' obstetrics expert testified that decedent was an appropriate candidate for the surgery, and that her fibroid was not clinically significant. He maintained that hormone therapy was an appropriate treatment as well. Finally, defendants' argued that plaintiff had not worked for the past four years due to unrelated orthopedic injuries. Based on decedent's recent work history, defendants claimed that plaintiffs were not entitled to future lost wage damages.

Settlement Discussions

Plaintiffs demanded $1 million for each plaintiff. Defendants offered a waiver of costs.

Specials in Evidence

Plaintiffs sought $276,266 in present damages for future lost wages.

Damages

Plaintiffs sought damages for loss of society, comfort, and care of their mother. Plaintiffs sought $500,000 in non-economic damages.

Injuries

Death.

Result

The jury found for the defense.

Other Information

Plaintiffs also filed suit against Kirkpatrick's orthopedist, Gary Wisner, and Lodi Memorial Hospital, but the charges were later dismissed.

Deliberation

1.5 hours

Poll

12-0

Length

11 days