James Banks v. Friendly Hills Medical Center
Published: Mar. 18, 2000 | Result Date: Feb. 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC186608 Verdict – $5,758,640
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
David J. Weiss
(Law Offices of David J. Weiss)
Experts
Plaintiff
Thomas Mintz
(medical)
David A. Kulber
(medical)
Marianne Inouye MBA
(technical)
Ronald S. Gabriel M.D.
(medical)
Defendant
Leah Ellenberg Ph.D.
(medical)
Theodore Vavoulis
(technical)
Joel Weidelitz
(medical)
Perry R. Lubens M.D.
(medical)
Facts
Plaintiff had a history of afebrile seizures. He sought walk-in treatment at Friendly Hills Medical Center on
March 3, 1997. Plaintiff was seen by a walk-in pediatrician who was not his primary care physician. After a
phone consultation with a pediatric neurologist, the pediatrician prescribed phenobarbital to control the
seizures.
A complete pediatric neurological examination was scheduled for two months later. On March 12, 1997,
plaintiffÆs primary care physician ordered a blood level check of the phenobarbital. Friendly Hills Medical
Center lost the records pertaining to this test and retained no proof that the test was ever done.
On March 16, 1997, the plaintiff presented himself for treatment at the urgent care facility section of Friendly
Hills with a low grade fever, and hives over a significant portion of his body.
A physicianÆs assistant assessed the situation and then consulted with the plaintiffÆs primary care physician,
who was forty feet away, as to whether the hives were a response to the plaintiffÆs medication.
The physicianÆs assistant did not conduct any tests, he merely sent the child home with calamine and benadryl.
The physicianÆs assistant told the plaintiffÆs mother to bring the child back in 48 hours if the hives persisted or
got worse. When the mother returned two days later, the hives were diagnosed as measles. PlaintiffÆs mother
was instructed to continue the phenobarbital and other medications.
On March 22, 1997, the plaintiff was rushed to the urgent care facility of Friendly Hills
via ambulance with a 105 degree fever and his skin falling off. Plaintiff was transferred to Cedars
Sinai to be treated for Stevens Johnson Syndrome.
Settlement Discussions
The plaintiff demanded $350,000. The defendant offered $50,000.
Deliberation
three hours
Poll
11-1
Length
five days
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