Diana Zagha v. Marilyn Kroplick, M.D.
Published: Apr. 29, 2000 | Result Date: Mar. 8, 2000 | Filing Date: Jan. 1, 1900 |Case number: LC042770 Verdict – $400,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David N. Glaser
(medical)
Defendant
Thomas Ciesla
(medical)
Facts
Plaintiff Diana Zagha first met defendant Dr. Marilyn Kroplick, a psychiatrist, in December 1993. Plaintiff was depressed over her family situation and her sonÆs recent diagnosis of TouretteÆs syndrome. As part of the history, defendant was advised that plaintiff had a history of substance abuse, including stimulants and prescription medications, and had been attending ôtwelve step programsö for the past six years, during which time she had remained sober.
Defendant shared with the plaintiff that she too had participated in a twelve step program, creating an immediate bond of trust and belief that defendant would understand. Defendant reached a differential diagnosis of major depression, history of poly-substance abuse and ADHD. In spite of plaintiffÆs concerns about the taking of medications, defendant prescribed Prozac.
Plaintiff started to see the defendant on a continuos basis. In May 1994, advising plaintiff that she felt the depression was being controlled, defendant prescribed Dexadrine to treat the diagnosed ADHD. Within a couple of months, plaintiff started showing signs of excessive use of the prescribed medication. In spite of plaintiffÆs voicing concerns about the use of the stimulant, defendant continued to prescribe Dexadrine, advising her that she, too, suffered from ADHD. Defendant was, or should have been, aware of plaintiffÆs misuse of the stimulant.
By early 1995, there were further signs that the therapy was failing, such as missed appointments and continued non-compliance with medication protocols. Defendant acknowledge that plaintiff was voicing concern about the high dosage of Dexadrine.
In the summer of 1995, plaintiff was experiencing a great deal of pain, was diagnosed with fibromyalgia and started on pain medication by another physician. In May 1996, defendant received information that plaintiff was getting multiple prescriptions of different medications from multiple physicians.
Defendant acknowledged that the therapeutic alliance between her and plaintiff had deteriorated. When plaintiff advised the defendant of some financial difficulties, defendant started to see plaintiff for no charge (plaintiff was a designer and her family owned a home furnishing store). The defendant would accept gifts from plaintiff. Defendant solicited assistance from plaintiff in the decorating of her office and home. They would shop together, as well as have late night meetings at the defendantÆs home. The defendant claimed that she stopped seeing plaintiff in October 1996.
By September or October 1996, plaintiff entered an in-patient drug rehabilitation program for 30 days for addiction to pain medications.
Damages
Plaintiff had incurred approximately $30,000 in psychotherapy expenses. Plaintiff spent approximately $9,000 for medications prescribed by defendant and paid defendant approximately $6,000.
Injuries
As a result of defendantÆs negligence, plaintiffs suffered addiction to Dexadrine and pain medications, requiring detoxification, and causing insomnia, weight loss and muscle fatigue.
Deliberation
4+ hours
Length
13 days
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