Reynoso v. Pomona Family Medical Care
Published: Mar. 18, 2003 | Result Date: Jan. 28, 2003 | Filing Date: Jan. 1, 1900 |Case number: RCV058939 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Jerry C. Popovich
(Hawkins, Parnell & Young LLP)
Yuk K. Law
(Law & Brandmeyer LLP)
Experts
Plaintiff
Elliot D. Felman
(medical)
Kathleen Makarewicz
(medical)
Darryl R. Zengler M.A.
(technical)
Karen L. Cavale
(medical)
Larry Thomas
(medical)
Defendant
William P. Klein
(Klein Law Group LLP)
(medical)
John F. Thompson
(medical)
Facts
Liberty Rios had been treated for asthma from the time she was a girl. In October 2000, at the age of 24, she was receiving medical care from the defendant Dr. Bijan Badihian of the defendant Pomona Family Medical Care. In October 2000, she was using Albuterol inhalant for asthma. At that time, she was also having severe headaches, so Dr. Badihian prescribed Inderal. The prescription was filled that day by the defendant Jack Vasoya at the defendant Express Pharmacy. The patient took the first Inderal pill the next day at around 1:30 p.m. She collapsed and died within the next 20 minutes. An autopsy revealed that the decedent had an 8.5 cm mucus plug in her right main bronchus, as well as mucus present in her left lung, resulting in cardiopulmonary arrest, which was the cause of her death. The plaintiffs were her husband and four young children.
Settlement Discussions
Dr. Badihian offered a waiver of costs; Jack Vasoya offered $3,000.
Damages
$41,566 estimated loss of past household services; $622,184 as present value of future loss.
Result
Dr. Badihian and Pomona Family Medical Care were found negligent, but no causation; Jack Vasoya and Express Pharmacy were found not negligent.
Other Information
The plaintiffs asked for $2.25 million for non-economic damages during closing arguments.
Deliberation
2.5 days
Poll
9-3 (negligence against Dr. Badihian and Pomona Family Medical Care), 9-3 (no causation as to the doctor and his clinic), No poll was taken as to Vasoya and the pharmacy (no negligence was found)
Length
10 days
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