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
Scott S. Harris
(Law Office of Scott S. Harris APLC)
Defendant
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390