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Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

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

Thomas Schneider

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Karl W. Schoth


Defendant

Hollis O. Dyer


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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