Case details

Patient: Cardiologist failed to offer alternative heart medicine

SUMMARY

$2000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
digestive, fibrosis, gastrointestinal, hypothyroidism, hypoxipulmonary, liver, pulmonary, respiratory
FACTS
On April 27, 2015, plaintiff Donald Zuk, 78, chief executive officer of SCPIE Holdings, underwent a chest X-ray after expressing concerns regarding the side effects of amiodarone, a medication he was taking for cardiac arrhythmia. Zuk began treating with Dr. David Cannom, a cardiologist, for atrial fibrillation in 1997. Zuk was subsequently taking amiodarone at a dosage of 200 milligrams per day, and, during the next 17 years, Zuk was having breakthrough atrial fibrillation. However, in June 2014, Zuk underwent ablation surgery and in September 2014, the dosage of the amiodarone was doubled. However, by March 2015, Zuk expressed concerns regarding the side effects of amiodarone. As a result, Zuk underwent a chest X-ray on April 27, 2015. Cannom determined that the X-ray showed an area of hazy infiltrate in the left, upper lobe, which he interpreted as interstitial change. As a result, Cannom sent Zuk home and asked him to return in two weeks for a follow-up. On May 1, 2015, Zuk presented to his primary care physician, who immediately admitted Zuk to Providence Saint John’s Health Center, in Santa Monica, for pulmonary fibrosis secondary to amiodarone toxicity. Zuk suffered respiratory failure, along with toxicity to the liver and hyperthyroidism, and subsequently required intubation. Zuk sued Cannom and Cannom’s practices, David S. Cannom, M.D., Inc. and Los Angeles Cardiology Associates. Plaintiff’s counsel contended that based on the April 2015 chest X-ray, Cannom should have known that Zuk likely had amiodarone toxicity and that despite this knowledge, Cannom sent Zuk home to return in two weeks for a follow-up. Thus, counsel asserted that that the defendants breached the standard of care by failing to use a safer alternative to amiodarone, failing to adequately warn of the pulmonary risks of amiodarone, failing to promptly identify and/or treat amiodarone toxicity, and failing to recommend ablation surgery earlier during the treatment course. Defense counsel denied there was any negligence on the part of the defendants and asserted that prescribing amiodarone was within the standard of care. Cannom also claimed that he recommended ablation numerous times and that he called the primary care physician for a work-up regarding the pulmonary findings in April 2015. However, plaintiff’s counsel contended that Cannom’s medical records did not reflect multiple conversations or recommendations related to ablation surgery and that the primary care physician adamantly denied that Cannom called him to work up Zuk’s pulmonary findings in April 2015., Zuk was admitted to Providence Saint John’s Health Center, in Santa Monica, for pulmonary fibrosis secondary to amiodarone toxicity. As a result, he suffered acute respiratory failure, along with toxicity to the liver and hyperthyroidism, and subsequently required intubation. Zuk is now 81 years-old. He claimed that due to the amiodarone toxicity, he suffered permanent scarring of the lungs, resulting in shortness of breath and causing him to need supplemental oxygen. He also claimed that he suffers from elevated transaminases, which is an indicator of liver damage. In addition, Zuk claimed that his breathing condition causes weakness and fatigue. Medicare asserted a lien in the amount of $197,633.39. In addition, plaintiff’s counsel contended that the total cost of Zuk’s future medical care needs, which included present value based on an additional life expectancy of eight years, was calculated at $8,299,332.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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