Ohio Verdicts
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Type:
Verdict-Defendant
State:
Ohio
Venue:
Hamilton County
Court:
Hamilton County, Court of Common Pleas
Injury Type(s):
other-death; other-drug overdose
Case Type:
Wrongful Death; Medical Malpractice – Negligent Treatment, Prescription and Medication
Case Name:
Patricia A. Luthy, Administratrix of the Estate of Christopher M. Luthy v. Jose O. Martinez, M.D.,
No. A 1209322
Date:
January 13, 2015
Plaintiff(s):
Estate of Christopher M. Luthy (Male, 35 Months)
Plaintiff Attorney(s):
Konrad Kircher;
Kircher Law Office, LLC;
Mason,
OH,
for
Estate of Christopher M. Luthy
Plaintiff Expert(s):
Hammam Akbik; M.D.; Pain Management; Cincinnati,
OH called by:
Konrad Kircher ■ Michael Kelley; M.D.; Toxicology; Columbus,
OH called by:
Konrad Kircher
Defendant(s):
Jose O. Martinez, M.D.
Defense Attorney(s):
Michael F. Lyon;
Lindhorst & Dreidame Co., LPA;
Cincinnati,
OH,
for
Jose O. Martinez, M.D. ■ Laurie A. McCluskey;
Lindhorst & Dreidame Co., LPA;
Cincinnati,
OH,
for
Jose O. Martinez, M.D.
Defendant Expert(s):
Michael Yaffe;
Internal Medicine;
Columbus,
OH called by:
Michael F. Lyon, Laurie A. McCluskey
Insurer(s):
Medical Protective Co. for Martinez
On Dec. 31, 2008, plaintiff’s decedent Christopher M. Luthy, 35 and unemployed, died as a result of an alleged overdose of Methadone, which had been prescribed by his internist, defendant Jose O. Martinez, M.D. Luthy was being treated with Methadone for chronic pain from a back injury. He had a history of prior substance abuse, but there was no evidence that he was abusing the Methadone at the time of his death. An autopsy listed the cause of death as an overdose of Methadone. Patricia A. Luthy, Administratrix of the estate of Christopher M. Luthy, filed suit against Martinez for negligence in prescribing too large a dose of Methadone. Plaintiff claimed Martinez was treating Luthy for chronic pain for three months and kept changing his prescriptions. According to plaintiff, Methadone was newly prescribed 36 hours before his death, at levels that caused Luthy’s death. Martinez denied any negligence. He argued that the dosage was within the standard of care. Further, Martinez contended that Luthy had a complicated medical history with a myriad of medical problems. Martinez additionally argued that the autopsy was not thorough and that Luthy’s death was unrelated to the Methadone.
Christopher Luthy allegedly died as a result of an overdose of Methadone, which had been prescribed by the defendant. Luthy was survived by his spouse and one minor child. Defendant disputed that cause of death and argued that Luthy died from causes unrelated to Methadone.
The jury found for the defendant and a defense verdict was entered.
Judge:
Nadine Allen
Demand:
$450,000
Offer:
$85,000
Trial Length:
6
days
Trial Deliberations:
2.5
hours
Jury Composition:
8 jurors
Post Trial:
Plaintiff appealed the verdict.
This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to a request for comment.