Professional Negligence Law Reporter

Shortly after his birth, Doe received a VP shunt to treat her spina bifida. When she experienced nausea, vomiting, and diarrhea at 30 months, her mother took her to an ER. Roe physician assistant (PA) allegedly ran tests, evaluated Doe, and decided she could be discharged. Before the discharge, however, Doe suffered cardiopulmonary arrest. She was subsequently transferred to another facility, where CT scans revealed severe hydrocephalus resulting from a VP shunt malfunction. Doe died the next day.

Suit alleged the PA had failed to diagnose and treat the malfunction. The plaintiff also asserted that a medical group was vicariously liable for Roe’s actions and directly liable for allowing a PA to treat such a complicated condition. The defense denied there was a breach of the standard of care and argued it was acceptable to have PAs treat ER patients.

The trial ended in a mistrial. The second trial resulted in a deadlocked jury. The parties then settled for $125,000.

Citation: Doe v. Roe Physician Assistant, Confidential Dkt. No. (Cal. Super. Ct. Los Angeles Cnty. Aug. 29, 2022).

Plaintiff counsel: Benjamin T. Ikuta and Michelle B. Hemesath, both of Santa Ana, Calif.