Facts

The claimant's child-decedent, age 5, had two fainting spells which led to a work-up beginning on April 29, 2004 at respondent's clinic. A neurologist saw the patient and ruled out neurologic etiology and referred the patient for cardiologic work-up. On May 10, 2004, cardiologic work-up began. An EKG showed right ventricular hypertrophy with strain patterns. An echo-cardiogram was performed on May 12, which confirmed the previous findings and suggested a diagnosis of primary pulmonary hypertension.

The patient was to further gave diagnostic catherization to confirm the diagnosis. The patient was not placed on any restrictions for activity or any medications as the diagnosis had not been confirmed.

On May 15, the decedent experienced two more episodes of syncope while attending birthday parties. The patient was taken to the clinic hospital that evening. An EKG was performed which again showed right ventricular hypertrophy. A blood draw was ordered. During the blood draw, the patient became upset, suffered another syncope episode and suffered a cardiac arrest from which she was not resuscitated.

CLAIMANTS' CONTENTIONS:
The claimants contended that the child's condition should have been diagnosed as primary pulmonary hypertension, and treatment begun. The patient should have been put on restricted activity to avoid stress and excitement. The blood draw should not have been done or should have been done under sedation to avoid stress and the cause of sudden death, which occurred in this case.

RESPONDENT'S CONTENTIONS:
The respondent contended that the diagnosis had not been confirmed, therefore, restrictions were not necessary. The work-up was being done within acceptable time frames and the patient expired before the diagnosis could be confirmed.

Settlement Discussions

The claimants demanded $175,000. The respondent made no offer.

Result

Defense.