John Doe, M.D. v. Northridge Hospital Medical Center
Published: Aug. 28, 1999 | Result Date: Jul. 21, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC170610 Verdict – $686,724
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Howard Parad
(medical)
Cloyce Martin
(medical)
Defendant
Thomas Drees
(medical)
Lawrence Sporty
(medical)
Facts
On March 30, 1996, the plaintiff, a 44-year-old board-certified emergency-room physician who worked for defendant Northridge Medical Center, received HIV and hepatitis testing at the defendant's laboratory, as was his custom and practice. In April 1996, the plaintiff was advised that triple testing for the hepatitis B antibody proved positive, and duplicate testing for the hepatitis B antigen also proved positive. In addition, the plaintiff was advised that they found triple confirmation that he was positive for the HIV antibody, types I and II. Twenty-four hours after receiving this information, the plaintiff called his emergency-room chief of staff and resigned. He claimed he thereafter suffered post-traumatic stress disorder and depression, leading him to begin using illicit drugs. Seven months later, follow-up testing with an AIDS specialist confirmed that the plaintiff never had any HIV virus and was completely negative for hepatitis. The plaintiff then sought re-employment at the defendant's emergency room, but was refused. The plaintiff brought this action against defendant Northridge Medical Center based on medical negligence.
Settlement Discussions
During trial, the plaintiff made a settlement demand of $200,000. The defendant made a settlement offer of a waiver of costs.
Specials in Evidence
$13,223.75 (psychotherapy bills) $350,000 $3,000 to $5,000 (future psychotherapy bills)
Injuries
The plaintiff claimed he suffered severe post-traumatic stress disorder and depression.
Other Information
EXPERT TESTIMONY: Plaintiff's liability expert Cloyce Martin, M.D., chief of laboratory services at St. Joseph's Medical Center and Children's Hospital of Orange County, testified that more likely than not, this case involved switching of the labels, meaning that an individual who submitted a blood sample contained in the multiple aliquots tested by the defendant's technicians received a false negative for both the HIV virus and hepatitis B. This was Dr. Martin's first time to testify before a jury.
Deliberation
1½ days
Poll
11-1 (liability and causation against hospital), 12-0 (plaintiff's comparative fault), 9-3 (causation as to plaintiff)
Length
12 days
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