Facts

In 2002, plaintiff James Harrison, a 62-year-old retired highway patrol officer and part time crop-dusting pilot, began seeing defendant cardiologist Tin Way for an elevated coronary artery calcium score.

On Feb. 27, Way performed a treadmill stress test as well as a nuclear perfusion study. The treadmill stress test showed signs of ischemia with ST-segment depression on exertion. The nuclear perfusion study showed possible inferior wall ischemia, but Way felt it was likely normal due to diaphragmatic shadowing at the heart base. Way reported to Harrison's primary care physician that Harrison's condition was without any perfusion defects that would suggest ischemia.

On Jan. 8, 2003, Harrison requested Way reply to a letter sent from the FAA regarding his hypertension and related testing. On Feb. 25, Way wrote a letter including Harrison's 2002 treadmill and nuclear stress test results. On April 28, the FAA replied back to Harrison, revoking his medical certification for his pilot's license due to his history of ischemia. To be reconsidered, the FAA stated Harrison would have to undergo cardiac catherization for clarification of his cardiac status. Harrison chose not to undergo this procedure.

On March 8, 2004, Way performed another nuclear stress test on Harrison, which results were consistent with the Feb. 27, 2002 study and test. On March 22, Way performed cardiac catherization on Harrison, revealing a 70 percent narrowing of the left anterior descending coronary artery. The perfusion study however did not show any ischemia in the portion of his heart fed by the LAD.

On Sept. 4, because he was unable to get his AA medical clearance, Harrison terminated his care with Way and began seeing cardiologist Nicholas Capos.

In September, Capos wrote to the FAA, stating he felt the revocation of Harrison's medical clearance was an error. In September 2005, the FAA reinstated Harrison after additional testing. Capos performed interim testing, which revealed worsening of Harrison's ischemic EKG changes with exertion treadmill testing. Capos read a concurrent stress echo as normal, and noted that Harrison had significant risk factors for acute coronary syndrome, including his age, gender, hypertension, abdominal fat, sedentary lifestyle, hyperlipidemia, coronary artery disease, family history and early diabetes.

Harrison brought suit against Way and his medical group Feather River Cardiovascular Institute, based in Yuba City for medical malpractice. Harrison's wife Patricia brought a claim for loss of consortium but voluntarily dismissed it prior to deliberations.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended Way was negligent in using the term "evidence of ischemia" in lieu of "suggestive of ischemia" in his letter to the FAA on Feb. 25, 2003. Harrison also contended that Way failed to advocate for Harrison with the FAA.

DEFENDANTS' CONTENTIONS:
The defendants disputed the allegations and contended that the FAA made its decision based on independent review of medical data, disregarding Way's conclusions. Way argued that neither his nor Capos' conclusions had any material effect with the revocation or reinstatement of Harrison's medical clearance. The defendants' contended Way met the standard of care regarding his February 25, 2003 letter and in his follow-up with Harrison in dealing with the FAA.

Settlement Discussions

The plaintiff made a global demand for $300,000. The defendant offered a waiver of costs per C.C.P. Section 998.

Damages

Harrison sought $90,000 in lost wages and an unspecified amount of noneconomic damages.

Injuries

Harrison lost FAA clearance for two years to work as a crop-duster pilot.

Other Information

Insurer: Norcal Mutual Insurance Co. The defense filed a cost bill.

Deliberation

15 minutes

Poll

12-0

Length

six days