Facts

On Jan. 13, 2010, plaintiff Alvin Labostrie went to the Beverly Hills Pain Institute and Neurology for HIV treatment. Dr. Guven Uzun, intravenously administered immunoglobulin for his antibody deficiency.

Shortly afterwards, the IV line began to backup and the medical assistant attempted several times to get the IV going again. After several attempts to restart the IV line, the IV was removed.

Plaintiff initially sued for medical malpractice, negligence, battery, intentional infliction of emotional distress, and false imprisonment. As a result of the pre-trial motions, the only remaining causes of action tried to the jury were battery and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Dr. Uzun, after starting the IV, went to lunch. Plaintiff claimed the IV began to malfunction, and when the IV began to backup, he requested the IV be removed. The medical assistant told plaintiff she could not remove the IV without the presence of Dr. Uzun. As the IV line was backing up, plaintiff saw his blood in the line, backing up to the IV bottle. Plaintiff's hand and arm were in pain. It wasn't until he called 911, that the IV was disconnected.

Plaintiff contended that Dr. Uzun abandoned him, leaving him under the care of a medical assistant that could not correct the backup of the IV line and could not remove the line. He requested numerous times to be disconnected from the IV line, and this delay caused him to suffer physical injuries and severe psychological and emotional distress.

DEFENDANT'S CONTENTIONS:
Defendants contended that Dr. Uzun's care and treatment fell within the standard of care at all times. Dr. Uzun claimed he was always present during the administration of the IVIG treatment. Defendants contended Dr. Uzun commenced the IV and disconnected it. Moreover, defendants asserted the medical assistant was well qualified to attempt to restart the IV when it backed up. Defendants claimed that Dr. Uzun acted promptly in disconnecting the IV.

Settlement Discussions

Plaintiff sought $450,000 and Dr. Uzun offered a waiver of costs.

Injuries

Plaintiff claimed he suffered left hand and arm pain, nightmares, headaches, panic attacks, loss of society, inability to function normally, worsened neuropathy, decreased activity, weight gain, night terrors, sense of impending doom, inability to escape places, claustrophobia, and worsening of his mental condition. Plaintiff had no out of pocket specials as all care and all medical treatment was covered under worker's compensation through the City of Los Angeles. Defendant claimed that plaintiff suffered no injuries to his hand or arm and all psychiatric and psychological complaints were pre-existing. At the time of the incident, plaintiff was seeing a workers' compensation psychiatrist as a result of his 20-year workers' compensation disability due to him contracting HIV on the job as an LAPD officer.

Result

The jury reached a unanimous verdict for defendant Guven Uzun, M.D., doing business as Beverly Hills Pain Institute and Neurology.

Other Information

EXPERT TESTIMONY: Defendant's expert neurologist, Dr. Teryn Clarke, testified that Dr. Uzun's care and treatment of plaintiff in the administration of intravenous immunoglobulin for plaintiff's HIV was appropriate and within the standard of care. Moreover, Dr. Clarke contended that blood could not back up into the IV bottle, stating it would be against the laws of physics. Dr. Clarke opined that plaintiff suffered no physical injury and at no time was his life in danger. Defendant psychiatric expert, Dr. James E. Rosenberg, testified that plaintiff had a pre-existing psychiatric disorder involving paranoid delusions, depression, and psychosis. Moreover, Dr. Rosenberg opined that plaintiff had not experienced any psychiatric disorder or emotional injuries as a result of what occurred at Dr. Uzun's office. Dr. Rosenberg concluded that all of plaintiff's mental illnesses were pre-existing and unrelated mental disorders. FILING DATE: Jan. 9, 2012.

Deliberation

one hour

Poll

12-0

Length

six days