Case details
Patient’s death unrelated to hospital care, defense argued
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
abdominal pain., diarrhea, headaches, vomiting
FACTS
On March 17, 2012, plaintiffs’ decedent Jacqueline Fine, 47, a cosmetologist, began to experience abdominal pain, vomiting, headaches, and diarrhea following her return from a family vacation to Costa Rica. She subsequently presented to the emergency room at West Hills Hospital and Medical Center, in West Hills, where she underwent a lumbar puncture and was diagnosed with fluid abnormalities consistent with viral meningitis. Fine was then admitted to the hospital by Dr. Shahab Attarchi, who consulted with an infectious disease specialist, Dr. Jon Willen. The doctors ordered stool sample testing and a malaria smear test. The following day, Willen examined Fine and concluded that Fine suffered from aseptic meningitis, and not from any mosquito-borne illness. After Fine’s condition appeared to improve, Attarchi and Willen prescribed further conservative treatment, including pain medication and anti-inflammatory medicine. On March 19, 2012, Fine’s condition rapidly deteriorated, resulting in brain death. Her cause of death was ultimately determined to be due to a stroke caused by herpes encephalitis. The decedent’s husband (Brian Fine) and children (Jessica Fine, Amanda Bowen, Samantha Bowen, and Rebeca Manler) sued Willen, Attarchi and the treating emergency room physician, Dr. James De La Torre. The family alleged that the defendants failed to properly treat the decedent’s condition, resulting in her wrongful death. They also alleged that the defendants’ failure constituted medical malpractice. Willen was ultimately released from the case prior to trial on a motion for summary judgment and De La Torre was dismissed with prejudice during the trial. Thus, the matter continued against Attarchi only. Plaintiffs’ counsel argued that Attarchi breached the standard of care by failing to administer the anti-viral medication Acyclovir to treat the decedent’s aseptic meningitis, given the decedent’s history of herpes. Counsel contended that had Attarchi prescribed the drug prior to March 18, 2012, the decedent would have likely survived. The plaintiffs’ infectious disease expert testified that the standard of care required the immediate administration of Acyclovir for aseptic meningitis in light of the decedent’s medical history and pending final culture results. He also opined that the decedent’s death would have been avoided had the immediate administration of Acyclovir occurred. Attarchi’s counsel contended that Acyclovir is not indicated for aseptic meningitis, but is only indicated in patients whose symptoms suggested herpes encephalitis, such as patients with an altered mental status, an altered level of consciousness, seizures, and/or had brain imaging studies evidencing cerebral edema. However, counsel argued that the decedent did not indicate the symptoms for herpes encephalitis. Attarchi’s counsel further argued that even if the decedent was given Acyclovir on the date of her admission, she still would not have survived due to the unforeseeable fulminant deterioration and the overall aggressive nature of the meningitis. The defense’s infectious disease expert testified that Acyclovir was not indicated and that, had it been administered, it would not have prevented the decedent’s death., Jacqueline Fine was being treated conservatively for aseptic, viral meningitis. However, despite showing improvement while receiving pain medication and anti-inflammatory medicine, her condition rapidly deteriorated, resulting in her brain death on March 19, 2012. Her cause of death was ultimately determined to be due to a stroke caused by herpes encephalitis. The decedent was 47 years old at the time of her death. She was survived by her 46-year-old husband, a minor daughter, and three adult daughters. The decedent’s surviving family sought recovery of wrongful death damages, including recovery for their loss of household services and loss of familial support. The plaintiffs’ expert economist calculated that the decedent’s family’s economic damages totaled up to $800,000, which included damages for the family’s loss of support and household services. Thus, during closing statements, plaintiffs’ counsel asked the jury to award the decedent’s family $250,000 in general damages and approximately $600,000 to $800,000 in economic damages. Defense counsel disputed the amount of damages alleged by the decedent’s family, arguing that the amount was speculative. The defense’s expert economist criticized the plaintiff’s expert economist’s calculations regarding the alleged projected economic damages. He also testified regarding the plaintiffs’ return-to-work scenarios.
COURT
Superior Court of Los Angeles County, Van Nuys, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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