Stella Holmes v. Alta Bates Medical Center, Betty Harnett, Todd Lempert, Anton Pogany, Mario Corona, Biointerventional
Published: Jul. 7, 2004 | Result Date: Dec. 23, 2003 | Filing Date: Jan. 1, 1900 |Case number: 8377249 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)
Defendant
Experts
Plaintiff
Robert Rubin
(Law Office of Robert Rubin)
(medical)
Noah Oderberg
(medical)
Defendant
Todd Lempert M.D.
(medical)
Stephen Kei
(medical)
Facts
Plaintiff Stella Holmes, 63, suffered from hypertension, cardiac disease and kidney disease. She was hospitalized frequently at defendant Alta Bates Medical Center. In March 1999, defendant Pogany, administered an angiogram to evaluate blood clots in her forearm. Defendant Todd Lempert, a radiologist, decided to use a disc close sure (DCS) device upon the plaintiff. Defendant Lempert was one of the designers of DCS. Defendant Lempert obtained the plaintiff's signature on a consent form regarding the DCS. Following the angiogram, the DCS was deployed but failed to stop the plaintiff's bleeding, as it was designed to do. Manual pressure was then applied. One year later, the plaintiff was called back to the medical center for an ultrasound of her groin. Comments by hospital employees made the plaintiff suspicious that the ultrasound was connected to her prior procedure. When the plaintiff learned that the DCS had been administered, she became upset and alleged that she had not consented to its use.
Injuries
The plaintiff sought damages for emotional distress.
Result
The jury found in favor of Alta Bates Medical Center. Lempert was ordered to pay $54,600 economic damages and $150,000 non-economic damages for breach of fiduciary duty. Pogany's motion for nonsuit was granted. Harnett and Corona were granted summary judgment. Holmes filed a notice of appeal regarding the nonsuit and the jury's verdict in favor of Alta Bates. Lempert filed a motion for judgment notwithstanding the verdict and a motion for new trial. The case then settled for a confidential amount.
Deliberation
3.5 days
Poll
12-0
Length
eight days
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