Medication Induced Liver Toxicity

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Case: Medication Induced Liver Toxicity

FACTS: The 77-year-old decedent and patient of the defendant urologist was receiving treatment for prostate cancer. The defendant prescribed Casodex (a medication that carries a risk of hepatotoxicity), but did not order a baseline LFT, and did not obtain follow up LFTs within 3 months. A follow up visit was scheduled 4 months after the Casodex was prescribed. At that visit the defendant noted that “unfortunately” no LFTs were obtained and ordered LFTs “in the near future.” Those test results were obtained and reviewed by the defendant 3 days later, and showed mildly to moderately elevated liver enzymes. The defendant did not inform the decedent of the elevated LFTs. Two months after the elevated LFTs were reported the decedent saw his PCP for symptoms consistent with hepatitis. He was found to have LFTs that were critically elevated. He died 3 weeks later .

DEFENSES: Defendant claimed it was reasonable to wait for a subsequent appointment to follow up on the LFTs on the grounds that these elevations are almost always transient and because liver toxicity is rare. Defendant claimed lack of causation on the grounds that the outcome would not have changed even if the medication had been stopped earlier.

INJURIES: Premature death.

SPECIAL DAMAGES: Medical bills: $61,043.90; Funeral expenses: $2,625.00

SETTLEMENT: The parties agreed to settle for a confidential amount.

PLAINTIFF’S COUNSEL: Randolph J. Reis and Kimberly Kirkland (Reis Law, PLLC)

NAMES/COUNTY: Anonymous v. Anonymous