Facts

On Oct. 13, 2003, plaintiff Brian Snavely, a 36-year-old truck driver, asked for a referral to a cardiologist from defendant Mirtha Balcazar at Cottonwood Medical Group (CMG). He told defendant he had a history of blood protein in his urine and that his former provider, Kaiser Permanente, performed multiple treatments for this condition. Defendant gave plaintiff a referral and had him complete medical forms for release of records from Kaiser. Plaintiff returned to CMG on Feb. 27, 2004, complaining to defendant Gregory Kusic of fatigue and headaches. Defendant ordered labs to investigate proteins in the plaintiff's urine.

On March 12, plaintiff returned to discuss the test results, which suggested a kidney or prostate problem. Plaintiff's wife could not obtain plaintiff's medical records from Kaiser, which were necessary for treatment. On Feb. 14, 2005, plaintiff was diagnosed with end stage renal disease (ESRD). He sued defendants for medical malpractice.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants should have diagnosed and treated his kidney disease after his March 12 visit. Plaintiff's nephrology expert testified the earlier diagnosis would have arrested the progression to ESRD for another five to 15 years. Further, plaintiff thought Kusic's failure to respond on CMG's behalf meant that CMG had received his records and everything was fine.

DEFENDANTS' CONTENTIONS:
Defendant Kusic contended he informed plaintiff he had to personally contact Kaiser to obtain his records and that CMG would contact plaintiff upon receiving those records. He told plaintiff various tests on plaintiff's kidney and prostate would be necessary should CMG not receive the records. Defendant Balcazar contended she appropriately deferred any further action pending receipt of the Kaiser records.

Defense experts testified defendants met the standard of care by trying to obtain the records before proceeding with diagnosis and treatment. Plaintiff's disease was also irreversible and would have progressed within two to five years of the March 12 visit despite treatment.

Damages

Plaintiff sought $1,870,072 for lost earnings, lost household services, and general damages.

Injuries

The plaintiff suffered from ESRD, requiring dialysis and two kidney transplants,

Result

The jury returned a defense verdict.

Other Information

Insurers: NorCal Mutual Insurance Co. for Kusic and Balcazar.

Deliberation

one day

Poll

10-2 (as to Balcazar), 9-3 (as to Kusic)

Length

nine days