Facts

On Oct. 20, 2006, plaintiff Robyn Frankel had an invasive medical procedure - called a diagnostic cerebral angiogram - performed on her by Stanford Hospital and Clinics ("Stanford"). As a result of that procedure, plaintiff suffered a series of strokes that day which have left her with permanent injuries, including impairment of her ability to speak and her ability to move her limbs, and she now requires 24-hour-a-day medical assistance.

One of the key - and hotly disputed - issues in this medical malpractice case was whether defendants fell below the standard of care because plaintiff contended that the cerebral angiogram was not indicated under the circumstances present in plaintiff's case.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant Palo Alto Foundation Medical Group fell below the medical standard of care by ordering an unnecessary diagnostic test and failing to provide plaintiff Robyn Frankel with adequate informed consent regarding the risks and benefits of the procedure. Plaintiff contended that she was at high risk for strokes from the procedure due to her having a rare blood disease and that there was almost no potential benefit for her having the procedure.

DEFENDANTS' CONTENTIONS:
Defendant Palo Alto Foundation Medical Group asserted that the angiogram was a medically necessary and indicated procedure for the plaintiff. In addition, they asserted that the procedure was ordered and approved as necessary by Stanford. Further, they asserted that the complication was an extremely rare, unforeseeable occurrence.

Settlement Discussions

Plaintiff settled with Stanford Hospital on the courtroom steps for an undisclosed amount.

Damages

Plaintiff suffered multiple strokes, rendering her a quadriplegic. Plaintiff contends she now requires 24/7 care, 365 days a year.

Result

The plaintiff was awarded $22,014,384. The jury found 100% liability on behalf of Palo Alto Foundation Medical Group and 0% liability for Stanford Hospital and Clinics.

Other Information

FILING DATE: Jan. 15, 2008.

Deliberation

3.5 days

Length

four weeks