Facts

David Towey and others sued James Longoria M.D., Horacio Murillo M.D., and others after Louise Lofton, Towey's wife, died due to a massive left hemothorax resulting from a rupture of the thoracic aorta from an acute aortic dissection and hypertensive cardiovascular disease.

PLAINTIFF'S CONTENTIONS: Towey contended that Lofton, who was nine weeks pregnant, visited the emergency room after she experienced constant pain in the upper left side of her back for fifteen minutes. Lofton allegedly reported that the pain was accompanied by dull chest pain in the center of her chest and a shortness of breath. A CT scan of her chest revealed a dissection distal to the origin of the left subclavian artery and an enlarged descending aorta, which reduced in size at the mid-descending segment of the aorta. The CT also revealed irregularities relating to the celiac axis and the superior mesenteric artery. As a result, Lofton was admitted to the intensive care unit and it was subsequently determined that Lofton had a Type B aortic dissection and accelerated hypertension. Dr. Longoria, a cardiologist, evaluated Lofton and, based on his evaluation, planned to medically treat Lofton and recommended a repeat CT scan. Based on Lofton's repeat CT scan, Dr. Murillo, a radiologist, conducted aortic measurements and found changes in the diameter of the distal aortic arch but noted that those changes were not significantly different from the measurements from the prior CT scan. Longoria then noted that the CT scan was basically the same as the prior CT scan and recommended that Lofton undergo another CT scan in three months. However, two days after being discharged from the hospital, Lofton collapsed shortly after experiencing chest pain and was unable to be resuscitated. The plaintiffs sued for wrongful death, claiming that Longoria and Murillo were negligent, and therefore, were liable for medical malpractice.

DEFENDANTS' CONTENTIONS: Defense contended that the two CTs were not significantly different and that an operation was not indicated in the acute phase as medical management was the appropriate course. Defendants contended that the sizes reflected in the CT scans in question were essentially the same and that the doctors acted appropriately.

Result

The jury found for the defense.

Other Information

Jury Composition: 7 male, 5 female

Deliberation

2 days

Poll

9-3

Length

11 days