Facts

In June 2003, plaintiff George Levesque, 70, became hospitalized for transient ischemic attacks (TIAs). The plaintiff was worked up at Sharp Grossmont Hospital in San Diego. The plaintiff was a noted vasculopath with a significant history of vascular problems. Prior to being discharged on June 19, 2003, his vascular surgeon, defendant Michael Musicant, M.D., ordered a carotid angiogram to evaluate potential problems with his carotid arteries. Defendant Thomas Brannigan, M.D. was the Interventional Radiologist who met with the plaintiff and ultimately performed the procedure. During the performance of the procedure, the plaintiff suffered a stroke, which was a known risk of the procedure. Defendant Brannigan acted quickly to administer medications to minimize the effects of the stroke. The plaintiff recovered fairly well gaining complete control of his leg, face, and partial control of his arm and hand.

PLAINTIFF'S CONTENTIONS:
The plaintiff asserted his TIAs were explained by hypotension (low blood pressure) and that he should not have undergone a carotid angiogram. Instead, the plaintiff claims that he should have either had no further treatment or been given the option to do a Magnetic Resonance Angiogram. The plaintiff further asserted he never got informed consent for the procedure.

DEFENDANT'S CONTENTIONS:
Defendant Musicant contended that a carotid angiogram was appropriate for the plaintiff in light of his TIAs and vascular history. Defendant Brannigan contended that the plaintiff in fact gave informed consent prior to the defendant's performing a carotid angiogram. The stroke was a known risk of the procedure which had been explained to the plaintiff.

Damages

The plaintiff had permanent residual problems associated with his right hand and upper arm.

Result

Defense.

Deliberation

one day

Poll

12-0

Length

seven days