DAMAGES RECOVERED:            $750,000

CASE                                     Confidential

COURT                                   Superior Court of Fresno County

PLAINTIFF
ATTORNEY(S)                         Charles D. Oren

DEFENSE
ATTORNEY(S)                        Confidential

FACTS        The deceased, a 50-year-old Hispanic male who was jogging around a local school track in preparation of the upcoming Senior Olympics, fell over clutching his heart. He could not be resuscitated. He died of cardiac arrest. A routine echocardiogram by his family physician had revealed atrial fibrillation/flutter and a referral was made to a cardiologist. About four days prior to his death, the deceased was prescribed a confidential drug to restore his heart to a normal rhythm. He had been asymptomatic and was advised he could continue to live a normal lifestyle.It was argued that the manufacturer’s PDR warning was not sufficient in advising about the dangers of exercising while taking the medication. (The prescription was not to be given to anyone with structural heart disease.) There was also a dispute between the expert cardiologist about the interpretation of the echocardigram.

INJURIES The deceased, a health advisor for the State of California was survived by a wife of 24 years and three children, one whom was an adult. They sought recompense for the death of their husband and father.

DAMAGES  RECOVERED $400,000 from the manufacturer as a result of its deficient labeling. $350,000 from the cardiologist.

PLAINTIFF
EXPERT(S)  Confidential

DEFENSE
EXPERT(S) Confidential