Facts

Plaintiff John Handal had four episodes of syncope, each approximately five years apart. He was referred to Dr. Henry Yee, a cardiologist. Dr. Yee performed an EKG and determined plaintiff had a low heart rate. On bringing up the potential for pacemaker surgery, plaintiff passed out on the floor of the doctor's office. The doctor felt for a pulse and it was weak and then none. A physician in Dr. Yee's office began performing CPR. The plaintiff was revived and urgently recommended for a pacemaker.

The paramedics brought plaintiff to Doe Medical Center, where Dr. Yee implanted a pacemaker within six hours of meeting plaintiff. The procedure went without incident.

Within one week of the surgery, plaintiff began complaining of fever and pain at the incision site. Dr. Yee prescribed antibiotics. About three weeks later, there were continued complaints of redness and potential pus at the pacemaker site. Dr. Yee hospitalized plaintiff for observation and gave him IV antibiotics. Thereafter, the infection cleared up and plaintiff never returned.

About three months later, plaintiff saw a competing cardiologist in the same community and he diagnosed an abscess in the pacemaker pocket and removed the device.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he never needed a pacemaker and Dr. Yee overreacted to his benign episode of fainting in the office. He did not meet pacemaker implantation criteria. In fact, four months later, his pacemaker was removed and he has done fine without a pacemaker in the 4.5 years thereafter. This was further evidence that he never needed the pacemaker in the first place.

Plaintiff also contended that Dr. Yee coerced him into receiving this pacemaker within six hours of meeting him for the first time. He did not offer a second opinion, told plaintiff that he would die if he did not get a pacemaker, and threatened to call the DMV to report plaintiff as an unsafe driver who may lapse into unconsciousness. Therefore, plaintiff's informed consent was coerced.

Plaintiff further claimed that Dr. Yee inoculated him with E.coli bacteria at the time of the pacemaker placement. This caused the developing infection, which was marked by several different antibiotics. This caused a delay of several months before the infection became an abscess; and was diagnosed.

DEFENDANT'S CONTENTIONS:
Dr. Yee contended that plaintiff met the criteria for pacemaker implantation given his slow heart rate, loss of consciousness and cardiac arrest in the office. Dr. Yee denied ever coercing plaintiff into pacemaker implantation, although he did recommend this urgently given the difficult circumstances.

Dr. Yee also contended that all of his treatment of the developing infection was reasonable, proactive and appropriate. The infection that did eventually develop was unrelated to the care that Dr. Yee provided, and there was absolutely no evidence that during the time of the pacemaker placement there was an inoculation of bacteria given the sterile operating room conditions that were observed, per the usual custom.

Settlement Discussions

Plaintiff demanded $178,000. Defendant made no offer.

Specials in Evidence

$3,500 $50,000. Plaintiff worked as a BMW mechanic running his own shop.

Damages

$250,000 (general damages)

Injuries

Plaintiff suffered unnecessary implantation and explantation of pacemaker. Plaintiff developed an abscess infection necessitating explantation.

Result

The jury found in favor of Dr. Henry Yee.

Other Information

Doe Medical Center entered a confidential settlement with the plaintiffs at mediation with Jay Horton. Motion for a new trial and a motion to tax costs are both pending. FILING DATE: Sept. 7, 2012.

Length

eight days