Facts

On Sept. 29, 2010, plaintiff Ginger Cantwell, concerned over a skin rash, visited Dr. Fred Soeprono, a dermatologist at the Advanced Dermatology & Laser Center. Cantwell had been on three different anti-hypertensive medications, and reported a skin rash in sun-exposed areas on the tops of her hands and forearms. Soeprono opined that the rash could be related to the medication she had been taking between several months to over one year. However, the doctor never really took a detailed history of Cantwell. He also did not investigate what specific medications she was on. Soeprono further opined that the rash was photodermatitis, an abnormal skin reaction to sunlight and prescribed Triancinolone, a corticosteroid to apply to the rash for two months before returning.

The rash moved up Cantwell's arms, prompting her to return two weeks later. Soeprono prescribed the antifungal Lamisil and told her to continue treatment with Triamcinolone cream. The doctor still thought that the rash on her arms was caused by the patient's prior medications, but he still neglected to inquire about the medications she was on despite her worsening symptoms.

After taking Lamisil for approximately three weeks, Cantwell broke out into a full body rash. On Nov. 6, she presented to urgent care complaining of an itchy, burning rash covering her back. By Nov. 8, her entire back consisted of red, raised plaques. On Nov. 12, she visited the emergency room because the rash had spread to her whole body. She was treated with heavy amounts of a steroid. She returned to the hospital on Nov. 14 with the full body rash and large bullous lesions throughout her body. Her skin began sloughing and she was subsequently diagnosed with a condition considered severe enough to be Stevens-Johnson syndrome.

Following recovery from the skin sloughing, she claimed physical problems that she had not previously experienced, including dry eyes and dry mouth. She was diagnosed with a connective tissue disease known as Sjogren's syndrome.

Cantwell claimed that the antifungal medication prescribed by Seoprono induced the disease because the severe skin reaction that hospitalized her caused a substantial negative effect on her immune system. As such, Cantwell sued Soeprono and Advanced Dermatology for failing to properly treat her following the photodermatitis diagnosis and failing to confirm a diagnosis prior to prescribing an antifungal medication, which constituted medical malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants failed to inquire or investigate what caused plaintiff's reaction when she initially presented. Plaintiff further contended that the corticosteroid was only intended to reduce the reaction and not treat the underlying condition. Moreover, she claimed that the doctor still continued with the photodermatitis diagnosis and still did not investigate or test the cause of the reaction on her second visit. Plaintiff further contended that the antifungal medication caused the reaction that resulted in plaintiff's hospitalization.

Injuries

Cantwell's skin peeled in thick chunks from head to toe. Following two months in recovery, she suffered from dry eyes and dry mouth that led to a Sjogren's syndrome diagnosis, a systemic autoimmune disease in which immune cells attack and destroy the endocrine glands that produce tears and saliva. The whole ordeal left her with hypopigmentation issues, as well as emotional distress and anxiety.

Result

The jury found Soeprono negligent and that his negligence was the cause of Cantwell's damages. Cantwell was awarded $89,290 in total damages, which included $4,290 in past economic damages, $80,000 in past non-economic damages and $5,000 for future non-economic damages.

Deliberation

2.5 hours

Poll

10-2 (negligence), 9-3 (causation)

Length

nine days