Michael Preston v. James Fain, et al.
Published: Nov. 16, 2000 | Result Date: Sep. 18, 2000 |Case number: BC181881 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
On July 11, 1995, the plaintiff, while employed at Cedars Sinai Medical Center as an immunology technician, cut
his left wrist with a microtome blade which had been used to cut HIV infected brain tissue. On Feb. 11, 1996,
he tested positive for HIV. The plaintiff attempted suicide in July 1996 and thereafter came under the care of
defendant Dr. James Fain. Dr. Fain provided psychotherapy to the plaintiff between Aug. 8, 1996 until Dec. 9,
1996. During that period, the plaintiff was admitted to a psychiatric unit on a 72-hour hold for suicidal
ideation, major depression with psychotic features.
In October, the plaintiff underwent neuropsychological testing, which suggested the plaintiffÆs psychological
complaints could possibly due to an organic brain syndrome.
On Dec. 2, 1996, the plaintiff threatened to kill a co-employee with a gun or knife which he brought into his
psychotherapy session. As a result, Dr. Fain provided Tarasoff notifications to the former co-employee and
Cedars Sinai.
On April 20, 1997, the plaintiff was admitted at the ER with complaints of right sided weakness and was
diagnosed by way of MRI as having a brain lesion in the left frontal lobe measuring 1x2 cm located near the
premotor cortex consistent with HIV encephalitis.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $200,0000. The defendant made a C.C.P. Section 998 waiver of costs in exchange for a dismissal.
Injuries
Exacerbation of neurological deficits and cognitive impairment and severe emotional distress resulting in increased depression, anxiety and suicidal ideations.
Other Information
Defendant Cedars Sinai Medical Center successfully demurred to the plaintiffÆs second amended complaint on the ground that the plaintiffÆs exclusive remedy was workers compensation. The plaintiff filed writs of certiorari and mandate which were denied by the Court of Appeal.
Length
nine days
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