Facts

On April 8, 2009, plaintiff Janice Howell, 52, was treated for cellulitis under the care of internist Tu Hoang M.D. at St. Bernadine Medical Center. Howell, who had a history of high blood pressure, was eventually discharged on April 13 with home medications that included Benazepril for high blood pressure. Howell returned the next day with angioedema, swelling of the deep layers of skin and was successfully intubated. It was believed at the time that the angioedema was most likely caused by Benazepril. She was discharged on April 21 with written instruction to "continue home meds."

Four months later, in Sept., Howell presented to the hospital again with angioedema. The angioedema was so extensive that an airway could not be established and she had to undergo a tracheostomy.

Howell sued St. Bernardine, Catholic West, Hoang, and several other individuals and entities. All defendants except for Hoang were dismissed, settled out or were let out by summary judgment. Accordingly, the matter continued solely against Hoang for medical malpractice.

PLAINTIFF'S CONTENTION: Plaintiff contended that Defendant violated the standard of care by failing to communicate in failing to give both verbal and written discharge instruction with regards to not taking Benazepril or any other medications containing angiotensin-converting-enzyme inhibitor.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff was discharged on April 21, after having been advised by Defendant and at least two other physicians not to take Benazepril. Defendant also contended that Plaintiff listed the drug as one of her medications when she presented to the hospital in Sept. after being told not to take the medication. Defendant also contended that the other treating physicians confirmed that Plaintiff admitted to taking the wrong medication, i.e. Benazepril, and that she thought she was taking Benadryl instead.

Injuries

Howell claimed she was left with a sore throat, difficulty swallowing and a hoarse voice following the tracheostomy. She claimed she could no longer sing and did not talk as much as she used to due to the change and quality of her voice. Defendant's experts testified to a reasonable degree of medical probability that there were no anatomical abnormalities associated with Howell's vocal chords. However, they agreed that there might have been scar tissue associated with the tracheostomy.

Result

The jury found no breach of the standard of care and thereby, rendered a verdict for Hoang.

Deliberation

90 minutes

Poll

11-1

Length

16 days