Facts

Plaintiff, Christine Kay, was seriously injured in an automobile accident in Mexico in 2011. After several days of treatment in Mexico, she was brought to the University of California San Diego Medical Center for treatment which included surgery to repair fractures to her spine and sacrum. As a prophylactic measure to prevent potential blood clots from traveling to her lungs and causing a pulmonary embolism, an IVC filter was placed in her inferior vena cava by an interventional radiologist with a recommendation that if it was no longer needed after 60 to 90 days, she should be referred back to interventional radiology at UCSD Medical Center to see about having the IVC filter removed.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that because of her overall condition, she did not know or understand that an IVC filter had been placed in her or that she was to return to interventional radiology at UCSD Medical Center in 60 to 90 days to see about having it removed. Plaintiff contended that she did not learn that she had an IVC filter for several years and by then the legs or struts of the IVC filter had perforated through the wall of the inferior vena cava, imperiling her health and safety. Plaintiff contended that each of the defendants had knowledge of the existence of the IVC filter and that each defendant had an obligation to inform her of this fact and the need to return to interventional radiology in 60 to 90 days to see about having it removed. Plaintiff contended that each of the defendants breached this duty to so inform her and that she has sustained both economic and non-economic damages as a result of this breach.

DEFENDANT'S CONTENTIONS: Defendant University of California San Diego Medical Center placed the responsibility on Point Loma, contending that the transfer discharge papers UCSD provided to Point Loma indicated that plaintiff should return to Interventional Radiology to have the IVC filter removed, which fulfilled UCSD's responsibility to inform Plaintiff of the IVC filter and the need to have it removed. Defendant Richard Todd Allen, MD, an orthopedic doctor of UCSD Medical Center, contended it was not his responsibility to provide Plaintiff notice of the IVC filter since it was out of his scope as an orthopedist.

Defendant Point Loma Convalescent Hospital contended that it was UCSD Medical Center's responsibility to schedule Plaintiff to return to UCSD Medical to have the IVC filter removed. All Defendants contended that the IVC filter presented no harm to Plaintiff and that the filter could be easily removed with little risk of injury.

Settlement Discussions

Defendant, Noli Cava, MD, of Point Loma Convalescent Hospital, settled with plaintiff at the time of trial. Plaintiff would not settle with either UCSD Medical Center or Point Loma Convalescent Hospital for less than $250,000 following expiration of individual C.C.P. Section 998 statutory offers to comprise.

Injuries

Plaintiff claimed economic and non-economic injuries regarding the IVC filter that was implanted in her after she was seriously injured in a motor vehicle accident. Plaintiff never experienced any pain or discomfort from the IVC filter. For five years, she did not know it was there. Upon learning of the IVC filter, Plaintiff contended she suffered significant emotional distress worrying whether the filter would break or migrate. She also believed that it could not be removed without serious risk of harm.

Result

The jury returned a verdict for plaintiff in the amount of $272,000 which was composed of $25,000 in special damages, $192,000 in past non-economic damages, but nothing for future non-economic damages (the jury concluded that she can have the filter removed without risk), and $60,000 in costs. Plaintiff's award bested the C.C.P. 998 offer as to UCSD but not as to Point Loma. The jury found that UCSD Medical Center 60 percent at fault; Richard Todd Allen, M.D., was 0 percent at fault; Point Loma Rehabilitation Center was 40 percent at fault; and Noli Cava, M.D., was 0 percent at fault. Defendant, Noli Cava, MD, of Point Loma Convalescent Hospital, settled with Plaintiff at the time of trial.

Deliberation

one day

Length

three weeks