Facts

Anthony Turek and Leslie Turek sued Stanford University Medical Center, Justin Birnbaum, Michael Gadbow, Katherine Iesen, Joy Rusmintratip and Claire Turchi in connection with their the suicide of their son, Michael Turek. The Tureks dismissed with prejudice its lawsuit against Gadbow, Iesen, and Turchi.

On Oct. 24, 2010, Michael arrived at Stanford's emergency room, believing he had just had a heart attack and stroke. Michael, who suffered from bipolar disorder, reported that he was depressed, anxious, and stressed. Michael allegedly asked about physician-assisted suicide during his hospitalization. Stanford then conducted a psychiatric consultation and voluntarily admitted Michael into the psychiatric unit.

Michael was released from the hospital on Oct. 29. Following his release, Michael committed suicide. On Jan. 27, 2012, the Tureks filed this instant lawsuit alleging negligence, negligent infliction of emotional distress, and survivorship. The Tureks later dropped their survivorship claim. Defendants Stanford, Birnbaum and Rusmintratip, physicians and Stanford, sought partial summary judgment on the Turek's negligent infliction of emotional distress claim.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant Ruminstrap called them on Oct. 25 regarding their son's care. The doctor informed plaintiffs that she had no concerns of suicide, and explained that their son had arranged for a post-discharge appointment with his therapist in San Diego. However, their son committed suicide 1 hour after discharge. Plaintiffs contended that defendants were liable for the negligent infliction of emotional distress as direct victims.

Plaintiffs also contended that Michael had asked about physician assisted suicide while at Stanford's ER, 2 days prior to his being admitted by Stanford's psych ward and expressed suicidal ideations on numerous occasions, including the day prior to his discharge.

Plaintiffs further contended that Stanford failed to place him on a 5150 three day involuntary hold despite his continued expressed suicidal ideations up until the date of his discharge. And, that Stanford had failed to recognize that Michael was inflicting harm on himself by cutting his face and body up until his date of discharge.

DEFENDANT'S CONTENTIONS:
Defendants contended that they owed no duty of care to plaintiffs nor did they assume any duty of care towards them in "directing" details about Michael's treatment.

Result

On Sept. 12, U.S. District Judge William Alsup found that defendants didn't owe plaintiffs any duty of care. As such, Judge Alsup granted defendants' motion for partial summary judgment and the only claim remaining in this action is plaintiff's negligence claim against defendants Stanford University Medical Center, Birnbaum, and Rusmintratip. Trial on the remaining claim began on Oct. 21. On Oct. 28, the jury rendered a unanimous defense verdict. Judge Alsup signed the final judgment on Oct. 29.

Other Information

FILING DATE: Jan. 27, 2012.