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Personal Injury
Medical Malpractice
Wrongful Death/Over-Medication

Vernell Bursey, Elgin Prewitt v. David Borman, M.D.

Published: Jul. 15, 2006 | Result Date: Jun. 16, 2006 | Filing Date: Jan. 1, 1900 |

Case number: GIC844658 Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Patrick J. Barry

Scott S. Harris
(Law Office of Scott S. Harris APLC)


Defendant

Jennifer A. Hartzell

Hugh A. McCabe
(Neil, Dymott, Frank, McFall, Trexler, McCabe & Hudson)


Experts

Plaintiff

Steven Curry
(technical)

Mace Beckson M.D.
(medical)

Defendant

Raffi Ishkhan Simonian
(medical)

Karen Miotto
(medical)

Ellsworth Grant
(medical)

Facts

On Jan. 5, 2004, the patient, age 22, was admitted to Sharp Mesa Vista Psychiatric Hospital for suicidal ideation and a history of suicide attempts. This patient also suffered from sickle cell anemia. On the morning of Feb. 1, 2004, the patient was found dead in her hospital bed.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs, Vernell Bursey, the decedent's mother, and Elgin Prewitt the decedent's father, contended that the defendant failed to notify an internist when the patient's hematocrit and hemoglobin dropped. The plaintiffs also contended that the defendant over-medicated the patient with OxyContin for an alleged sickle cell crisis that resulted in her death.

DEFENDANT'S CONTENTIONS:
The defendant contended that the drop in the patient's hematocrit and hemoglobin was normal and expected for a sickle cell patient. Her condition did not necessitate transfer to a hematologist. The defendant asserted the OxyContin prescription is that which the patient was accustomed to and thus, was appropriate. The defendant contended that the patient obtained a large volume of OxyContin through "cheeking" or other sources and that she committed suicide.

Settlement Discussions

The plaintiff's attorney asked the jury to award $600,000 or more. The defendant's attorney asked for a defense verdict.

Injuries

Wrongful death and $6,500 for burial expenses.

Other Information

The hospital settled before trial.

Deliberation

three hours

Poll

9-3

Length

eight days


#92656

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