Gus Shouse, Susanne Shouse v. Scripps Clinic Medical Group Inc., Paul Teistein
Published: Aug. 30, 2001 | Result Date: Oct. 17, 2000 | Filing Date: Jan. 1, 1900 |Case number: 732202 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Barton H. Hegeler
(Hegeler & Anderson APC)
Experts
Plaintiff
Howard Wayne
(medical)
Gerald T. Kelly
(technical)
Defendant
Cary P. Mack
(technical)
Reginald Low
(medical)
Facts
The plaintiff patient, then age 53, 5Æ8ÆÆ, 280 pounds, presented to defendant doctor, at defendant clinic on Feb. 2,
1998. He presented with a history of acute coronary artery disease, including congestive heart failure,
myocardial infarction, angioplasty in 1991, and several additional angioplasty procedures in 1994 and 1995.
The patient was referred to defendant doctor by the Mayo Clinic-Scottsdale, Arizona. The patientÆs history also
included diabetes mellitus, morbid obesity, hyperlipidemia and hypertension. The defendant doctor performed
a diagnostic angiography on Feb. 11, 1998, which revealed severe coronary artery disease in two arteries. The
arteries were treated with intercoronary stents, which reduced the occlusion to zero. There were no
complications.
Several weeks later, the patient began to have chest pain again with exertion. He
refused further diagnostic angiography, however, other cardiac testing revealing essentially
normal cardiac function. The patient ultimately underwent diagnostic angiography more than 18
months later which revealed mild to moderate diffuse disease, but widely patent arteries at the
stents sites.
Settlement Discussions
In argument, the plaintiffs asked for $2.9 million in general and special damages. The patient made a significant claim for special damages based primarily on the loss of future income of his business. The patient is the owner and general manager. He testified that in 1997, his business made close to $1 million in profit. However, due to his deteriorating health, he can no longer work in any significant capacity. Accordingly, his business has operated at a loss since 1997.
Damages
The patientÆs wife claimed loss of consortium.
Injuries
The patient testified that prior to 1997, he had been doing well, but was still having intermittent chest pain. In late 1997, his symptoms began to worsen, and were characterized primarily by shortness of breath and chest pain. He began treating at the Mayo Clinic and was referred to defendant clinic in February 1998. Following defendant doctorÆs procedure, patient testified, he felt great for a few weeks, then his symptoms returned, and he was no better off than he was prior to the procedure.
Deliberation
less than one hour
Poll
12-0 (negligence), 10-2 (informed consent)
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