Anthony Fortier, et al. v. Rick Murray
Published: Nov. 16, 2000 | Result Date: Oct. 4, 2000 |Case number: SCV50177 Arbitration – $350,815
Court
Case Not Filed
Attorneys
Plaintiff
Michael M. Berger
(Manatt, Phelps & Phillips LLP )
Defendant
Facts
In February 1998, the decedent, Heather Fortier, age 23, was pregnant with her first child. The patient was also a
JehovahÆs Witness, a religious affiliation which views blood transfusions as a sin against God. The patient was
provided prenatal care by defendant Dr. Rick Murray, at which time he was aware of the fact that the patient
was a JehovahÆs Witness. The patientÆs prenatal course was uneventful, other than the fact that the patient
became anemic.
On Feb. 17, 1998, the patient was admitted for the induction of labor. At the time of her admittance, the patient
did not have normal levels of hemoglobin and hematocrit. Furthermore, the hospital was aware of the patientÆs
religious beliefs. At 6:51, the patient gave birth. At the time of her vaginal delivery, the patient experienced a
blood loss of approximately 300 ccÆs. Shortly thereafter, Dr. Murray left the hospital and the patient was
provided care by the labor and delivery nurses.
Over the course of the next several hours, the patient continued to have excessive bleeding from her vaginal
area. Five hundred ccÆs is classified as post patrum hemorrhage pursuant to the protocols of the hospital. This
loss of blood, approximately 2,000-2,500 ccÆs, (according to the records and deposition testimony of the
parties), occurred over the course of the evening and early morning hours. The patient met and exceeded the
protocols regarding post partum hemorrhage at 11 p.m. on Feb. 17, 1998. Over the course of approximately
five hours, the nurses contacted Dr. Murray on three separate occasions about the patientÆs blood loss. Dr.
Murray, while acknowledging the telephone calls, disputed the information which was communicated to him
during the course of these three phone calls.
On February 18, at 4 a.m., Dr. Murray arrive at the hospital to evaluate the patient. Dr. Murray packed the
uterus with gauze in an attempt to curtail the blood loss. At approximately 7 a.m., after the patientÆs blood
levels reached 3 and 9 respectively, Dr. Murray recommended that the patient undergo a hysterectomy.
However, that surgery was unsuccessful. Heather Fortier died at approximately 7 p.m. that evening.
Other Information
Prior to the arbitration, the claimants settled with the hospital for a confidential amount.
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