Not Guilty Verdict Obtained for Internal Medicine Physician

On May 3, 2005, Mark Smith and Linda Lu obtained a not guilty verdict for an internal medicine physician and the physician corporation. The Plaintiff, a 49 year old female, went to an urgent care center with complaints of coughing, yellow phlegm, low grade fever, and shortness of breath for 2-3 days. She was diagnosed by the ER physician with acute asthmatic bronchitis and prescribed Zithromax (antibiotic) and Prednisone (steroid for asthma), with instructions to follow up with her physician in a few days. A few days later, the plaintiff saw the Defendant who was her internist. She told the Defendant about the urgent care visit, reported complaints of coughing, yellow phlegm, headache, and low grade fever, and reported she was "feeling better." Defendant diagnosed her with bronchitis. Because she did not know her dosage of Prednisone, the Defendant told the Plaintiff to finish her Prednisone and call his office if her symptoms recurred so that he could order a new prescription for tapering dosages of Prednisone. She finished her Prednisone and a few days later, the Plaintiff called the Defendant's office, as planned, and reported the same symptoms as her prior visit. Defendant ordered tapering dosages of Prednisone. Nine days later, the Plaintiff was admitted to the hospital with complaints of difficulty breathing for 3 days and rectal bleeding for 6 days. While in the hospital, Plaintiff developed endocarditis and died.

Plaintiff alleged Defendant was negligent in failing to prescribe an antibiotic when she called after her visit and received tapering dosages of Prednisone. Plaintiff alleged that an antibiotic could have prevented or cured her ongoing upper respiratory infection, which allegedly lead to pneumonia. Plaintiff contended pneumonia caused her endocarditis which caused her death. Defendants contended
the standard of care did not require a prescription of an antibiotic at that time. Plaintiff had a long history of chronic asthma and bronchitis, which was last successfully treated with a steroid in the absence of antibiotics. Her current complaints were consistent with a non-infectious bronchitis. Defendants further contended that Plaintiff never had community acquired pneumonia. Rather, Defendants
argued that she suffered a flare up of her underlying diverticulitis. The source of the infection causing her endocarditis and death was her GI tract problem, rather than pneumonia.


Judge Lynn Egan presided over the trial. The Plaintiff asked for $4 million in damages. The jury deliberated for less than three hours.