Marc Sherman v. Amy Rutman, M.D.; Irving Posalski, M.D.
Published: Jun. 29, 1996 | Result Date: May 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC028234 – $251,580
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
David J. Duchrow
(Law Office of David J. Duchrow)
Defendant
Experts
Plaintiff
William Tuddenham
(technical)
Susan Lawrence
(technical)
James D. Leo M.D.
(technical)
Facts
On January 14, 1993, the plaintiff, Marc Sherman, a 34-year-old bartender, sought to obtain a blood test for the purpose of ascertaining his T-cell count. The plaintiff had been HIV positive since 1988 and was monitoring his T-cell count and the progression of his illness. In November of 1992, his T-cell count was in the high 400's (l.c.). In January of 1993, the plaintiff's employer changed insurance plans to an HMO. The plaintiff wanted to have a current T-cell reading and to meet his new doctor. Defendant Amy Rutman, M.D., obtained a sample of the plaintiff's blood and sent it to a laboratory for testing. The report showed that the plaintiff had 484 T-cells, with a corresponding percentage of 13%. Defendant Dr. Rutman erroneously read the report as saying 13 T-cells and advised the plaintiff that he had AIDS and was very ill. At that time, defendant Dr. Rutman prescribed Bactrim as pneumonia prophylaxis. She also referred the plaintiff to defendant Irving Posalski, M.D., an infectious disease specialist. Defendant Dr. Posalski increased the Bactrim dosage. The plaintiff claimed he had an allergic reaction to the Bactrim. Over the next several days, his condition deteriorated, resulting in his hospitalization. He missed several days of work. Defendant Dr. Rutman then doubled the dosage to the full therapeutic dosage. The plaintiff, believing he was seriously ill with AIDS, and not realizing he was having an allergic reaction, became suicidal. He called his mother who worked for a doctor. She asked to see the blood test results. At that time, the error in the reading of the laboratory report was discovered. The plaintiff discontinued the use of Bactrim. The plaintiff brought this action against the defendants based on medical negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand on each defendant for $29,999. Defendant Dr. Rutman made a settlement offer of $15,000. Defendant Dr. Posalski made no settlement offers and did not consent to negotiate settlement.
Specials in Evidence
$__________ $1,580 $1,580
Injuries
The plaintiff alleged that he suffered emotional distress and a severe allergic reaction as a result of the defendant's medical negligence.
Other Information
The verdict was reached approximately two years and four months after the case was filed.
Deliberation
3+ hours
Poll
12-0 (liability and damages)
Length
5 days
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