Amy Fleming v. Charles Bahner, AllCare Healthcare Inc.
Published: Dec. 17, 2002 | Result Date: Aug. 30, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC775113 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Thomas C. Frost
(The Frost Firm)
Erwin J. Shustak
(Shustak, Reynolds & Partners PC)
Defendant
Douglas A. Pettit
(Pettit, Kohn, Ingrassia, Lutz & Dolin PC)
Experts
Plaintiff
Paula A. Schwalm
(medical)
Susan R. Erman
(medical)
Defendant
Dominick Addario
(medical)
Wendy Bonnar
(medical)
Michael G. Ross
(medical)
Facts
Plaintiff Amy Fleming was a patient of Defendants AllCare Family Practice Clinic and Charles
Bahner, a nurse practitioner. The plaintiff received advice and methods of birth control from the
clinic. At some point, the plaintiff came in for a shot of Depo Provera (an alternative form of birth
control.) At the time, unbeknownst to both the plaintiff and the defendants, the plaintiff was a few
days pregnant. She subsequently learned she was pregnant after a positive pregnancy test
approximately three months later. She chose to have an abortion of the fetus at approximately
18 weeks and sued the defendants, claiming she was improperly injected with Depo Provera and
that, were it not for the Depo Provera injection, she would have continued on with the pregnancy.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $85,000. She made an demand of $500,000 immediately before trial. The defendants made a C.C.P. Section 998 offer of $15,000 on July 5, 2002.
Specials in Evidence
$800-$1,000 $4,000
Damages
The plaintiff claimed she suffered economic damages in the form of lost wages and psychiatric treatment. She also claimed non-economic damages for emotional distress caused by the need to have the abortion. The plaintiff asked for $1.7 million in opening and closing argument.
Other Information
The jury reached its verdict by answering a Special Verdict Form. The jury found for the defendant on the issue of liability. However, instead of stopping, the jury went on to find that the plaintiff had suffered zero damages and that if she had suffered any damages, she was 100% responsible. The defendantsÆ experts testified that Depo Provera was not a significant cause of any type of birth defect and that if it were such a cause, the plaintiff could have taken tests to determine whether any birth defects existed. The plaintiff took no tests. The defendantsÆ experts also testified that the defendant did not breach the standard of care. The verdict award was reached approximately 11 months after the case was filed.
Deliberation
45 minutes
Poll
12-0
Length
six days
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