Frank Kiefer and Joan Kiefer v. Craig Fischer, M.D., et al.
Published: Aug. 16, 1997 | Result Date: Jan. 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: C9400027 Verdict – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Laura Post
(medical)
Ernest Dernburg
(medical)
Alonza Lewis Johnson
(medical)
James Meeker
(technical)
Bruce S. Victor
(medical)
Defendant
Bonnie Taylor
(medical)
Gary S. Nye
(medical)
Neal L. Benowitz
(medical)
Facts
Decedent Marc Kiefer, a 38-year-old man with an 18-year history of paranoid schizophrenia, was treated by Dr. Ernest Dernburg, a San Francisco psychiatrist, with therapy and medications. On Feb. 1, 1993, the decedent presented to the Gladman Day Treatment Center confused and agitated. Dr. Post evaluated Kiefer and then referred him to John George Pavilion, a psychiatric facility, where he was evaluated by Dr. Taylor. Dr. Taylor concluded that Kiefer had an acute exacerbation of his chronic paranoid schizophrenia, and was transferred to the defendant hospital in Richmond, where he was admitted involuntarily pursuant to Welfare and Institutions Code º 5150. At the defendant hospital, Dr. Johnson evaluated Kiefer and concurred with Dr. Taylor's diagnosis. He recommended anti-psychotic medication but Kiefer refused to sign the consent form. On Feb. 2, 1993, the decedent was given anti-psychotic medication on an emergency basis because of confusion, agitation and threatening behavior. Defendant Dr. Fischer, a psychiatrist and the medical director at the defendant hospital, evaluated the decedent at approximately 2 p.m. Like the two previous psychiatrists, his diagnosis was acute exacerbation of chronic paranoid schizophrenia. After obtaining the decedent's written consent, he started him on Haldol, an anti-psychotic medication. Defendant Dr. Fischer also ordered that the decedent be placed in restraints and in the seclusion room because of continuing agitation and threatening behavior. Defendant Dr. Fischer left the hospital between 3 to 4 p.m. The decedent's parents spoke with Dr. Fischer at approximately 9 a.m. and expressed concern that their son might have taken an overdose at Artane. Subsequently, the decedent remained agitated and under restraint. All prior vital signs were normal, until the evening when his pulse rate was noted to be 128. He was found dead the following morning at 7:47 a.m. Post mortem analysis of Kiefer's blood revealed a toxic level of Anafranil, a tricyclic anti-depressant. Eventually the coroner concluded that the decedent had died as a result of an acute exacerbation of chronic paranoid schizophrenia, but listed Clomipramine (Anafranil) intoxication as a significant finding. The Anafranil had been prescribed by Dr. Dernburg, but defendant Dr. Fischer was not aware that the decedent was taking the medication. Records at the defendant hospital reflected that the decedent was taking Stelazine and Haldol, but there was concern about the accuracy of this information. The plaintiffs, the decedent's parents, brought this action against the defendants based on medical negligence and malpractice theories of recovery. The defendant hospital settled prior to beginning of trial.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $120,000. The defendants made no specific settlement offer.
Injuries
Death of a 38-year-old son.
Other Information
Five months earlier, one or two of the plaintiffs' three sons committed suicide. The defendant hospital settled for an undisclosed amount.
Deliberation
½ hour
Poll
___________ (#s pls.)
Length
11 days
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