Trial Magazine

As individuals, we do not have all the answers. But when we work together, doors open, the clouds clear, and a way forward often appears. AAJ’s community provides answers. Whenever I have a tough professional challenge, I turn to our magnificent trial lawyer community.

A few years ago, I needed that help. My firm represented the husband of a 31-year-old woman who died under tragic and preventable circumstances. Before becoming pregnant, she had developed a blood clot from using a popular birth control pill—and her case was referred to me because of my two decades of experience in products liability.

But I soon determined that the clotting event was the first domino to fall and that this was really a medical negligence case. Since her pregnancy was deemed “high risk,” her treatment plan required blood thinners and careful monitoring. Sadly, during one visit, her OB/GYN was unable to detect the baby’s heartbeat.

When a pregnancy fails, women need major medical care. A surgical procedure or induced labor might be necessary to deliver the fetus. It’s an incredibly sad and difficult time. It’s also a dangerous time, as any attentive doctor knows.

In this case, my client was treated with a lack of urgency. One doctor was on vacation and not responsive to the family’s phone calls. Another scheduled a C-section for two days later, while taking her off blood thinners entirely, despite her history of blood clots. This was the wrong decision, and we alleged a breach of the standard of care.

My client died before the C-section could be performed, but only after a double craniotomy to try to save her from the hundreds of blood clots that had developed in her brain during the two-day waiting period. She died on the operating table after two days of excruciating pain.

Nearly every medical provider involved failed this patient—her longtime OB/GYN, her neurologist, her hematologist, and her pain practitioner. Still, her legal case was not an easy one. With so many defendants, such a complex medical history, and so many points of failure, we had to figure out how to explain it all to a jury without introducing too many “what-ifs.” It was critical to shut down the defendants’ attempts to argue that nothing could have saved her.

When it became clear that this was a professional negligence case, I knew we needed help—so I turned to AAJ. Facing eight defending law firms, we first had to find another firm to get through a mountain of discovery and begin preparing for trial. Fortunately, AAJ’s trial family is close-knit. With one phone call, I got co-counsel on board.

Next, facing California’s strict caps in medical negligence cases, we had to find novel arguments to hold these doctors accountable. Armed with ideas gleaned from years of AAJ education programs, we successfully added a fraud claim—which was not subject to the damages cap—against the OB/GYN, alleging that he misrepresented his qualifications.

After decades of inaction, California later raised its cap and included an annual upwards adjustment. That effort was successful due to the work of many trial lawyers led by the Consumer Attorneys of California and supported at every step by AAJ State Affairs.

If you’re also looking for answers, AAJ provides many resources, such as the Professional Negligence Section (www.justice.org/member-groups/sections), the Professional Negligence Law Reporter (www.justice.org/pnlr), and education programs such as next month’s “Mastering the Medicine Seminar: Birth Injury and Medical Negligence” in Atlanta (www.justice.org/education). And in this month’s Trial, read articles on obtaining audit trails for electronic medical records (p. 20); new standards of care for spinal cord injuries (p. 28); and handling therapist malpractice cases (p. 38).

Trial lawyers often face powerful opponents and improbable odds. However, when we stick together, anything is possible. Being a community standing together is how we’ll win the fight for justice.

Lori E. Andrus is a partner at Andrus Anderson in San Francisco and can be reached at lori.andrus@justice.org.