Recent Success

Unanimous Defense Verdict for Internal Medicine Specialist and Specialty Medical Group - November 2013

On November 1, 2013, Clark Hudson and Jon Ehtessabian teamed up to successfully defend an Internal Medicine Specialist and a Specialty Medical Group. The plaintiff, a young male with cerebral palsy and mental challenges, had a lengthy history involving diabetes, atherosclerosis, hyperlipidemia and recurrent pancreatitis. The patient was also noncompliant in terms of taking his medications, diet and diabetes management - resulting in several hospitalization at four different hospitals in San Diego. The Internist recommend the patient accept placement at a nursing home, or at a minimum home health visits, to help manage his medical issues - which the patient refused. Specialty referrals were also provided to Cardiology, Endocrinology, Gastroenterology and a Lipid Clinic. Some of the referral visits the patient attended - others he did not.

As a result of the patient's noncompliance the patient developed severe pancreatitis and sepsis, resulting in the patient developing kidney failure and eventual development of Rhabdomyolisis. The patient blamed his Internist for his medical complications - including the development of Rhabdomyolisis. The plaintiff's suit alleged improper medications management, lack of informed consent, and excessive use of the medication Crestor (to reduce the patient's triglycerides and LDL Cholesterol) resulting in Rhabdomyolisis. The defense team was able to show the jury through laboratory testing the patient was not taking the medications to control his triglycerides, which in turn caused the pancreatitis. Further, the medication Crestor could not have been the cause of the Rhabdomyolisis - as the medication had been stopped for more than a week prior to the patient developing Rhabdomyolisis, and the patient's laboratory data again did not support that the patient was in Rhabdomyolisis while taking the drug.

The trial of the case lasted six days. The jury deliberated for three hours before returning a unanimous verdict exonerating the defendant physician. The claims of separate negligence against the Specialty Medical Group were dismissed by the court following a motion for nonsuit.

 

Back to Recent Success