New England Verdicts

Plaintiff(s):

Alexa Larkin (Female), 

Andrea Larkin (Female, 25 Years), 

Timothy Larkin (Male)

Plaintiff Attorney(s):

Benjamin R. Novotny;
Lubin & Meyer, P.C.;
Boston,
MA,
for
Alexa Larkin, Andrea Larkin, Timothy Larkin ■ Karen A. Zahka;
Lubin & Meyer, P.C.;
Boston,
MA,
for
Alexa Larkin, Andrea Larkin, Timothy Larkin

Defendant(s):

Jehane Johnston, M.D., 

Dedham Medical Associates, Inc.

Defense Attorney(s):

Robert L. Bouley;
McCarthy Bouley & Barry;
Cambridge,
MA,
for
Jehane Johnston, M.D., Dedham Medical Associates, Inc. ■ Clare Carroll;
McCarthy Bouley & Barry;
Cambridge,
MA,
for
Jehane Johnston, M.D., Dedham Medical Associates, Inc.

Defendant Expert(s):

Kinan Hreib;
Neurology;
Burlington,
MA called by:
Robert L. Bouley, Clare Carroll ■ Kee-Hak Lim;
OB-GYN;
Boston,
MA called by:
Robert L. Bouley, Clare Carroll ■ Jennifer Potter;
Internal Medicine;
Boston,
MA called by:
Robert L. Bouley, Clare Carroll ■ Lawrence Chin;
Neurosurgery;
Boston,
MA called by:
Robert L. Bouley, Clare Carroll

Insurer(s):

CRICO for defendants

In May 2004, plaintiff Andrea Larkin, 25, a grade school teacher and aerobics instructor, sought care from her primary care physician, Jehane Johnston, M.D., regarding ongoing dizziness. She underwent an MRI and CTA, both of which showed abnormalities in her brain. Specifically, the imaging studies revealed a large venous varix on the left side of her brain and an aneurysm on the right side. In 2005, Larkin sought care from Dr. Johnston regarding her ongoing dizziness, but also in order to facilitate a referral for repeat MRI and CTA. Once again, the imaging studies revealed a large venous varix on the left side of her brain and an aneurysm on the right. In 2006, Larkin was due for a repeat imaging study, but claimed Dr. Johnston failed to order and/or refer her for testing. Larkin did not return to Dr. Johnston’s office after October 2006. In November 2007, Larkin became pregnant and received her prenatal care through an OB/GYN at Dedham Medical Associates (DMA). According to records, the OB/GYN care providers regularly checked Larkin’s Problems List, which Larkin claimed did not include her brain abnormalities because the information was not reported by Dr. Johnston. Larkin was allowed to labor and deliver her daughter vaginally on June 8, 2008. Due to the physical stress of a Valsalva maneuver used during the second stage of labor, on top of the hypercoagulable state during pregnancy, the venous varix was subjected to increased intracranial pressure, which caused a clot to form. As a result, Larkin ultimately suffered a severe hemorrhagic stroke, requiring a craniotomy and temporal lobectomy. She lost function in all extremities except her right arm, and was hospitalized and rehabilitated during a period of 18 months. Andrea Larkin, as well as her husband Timothy Larkin, individually and as Guardian and Next Friend of Andrea Larkin, and as Father and Next Friend of their daughter, Alexa Larkin, sued Dr. Johnston and DMA. Plaintiffs brought causes of action for medical malpractice and negligence. Plaintiffs argued that in both 2004 and 2005 — when MRI and CTA confirmed a large venous varix on the left side of Mrs. Larkin’s brain and an aneurysm on the right — Dr. Johnston never discussed the clinical significance of these findings with Mrs. Larkin, nor did Dr. Johnston place these abnormalities on Mrs. Larkin’s Problems List, as required by DMA’s policy and procedures. Plaintiffs claimed Dr. Johnston’s failure to disclose the information on the Problems List resulted in Mrs. Larkin’s OB/GYN group at DMA not being aware of her brain abnormalities, allowing her to undergo a standard vaginal delivery birth on June 8, 2008. Plaintiffs argued that Dr. Johnston’s negligence and breach in the standard of care caused the labor complications, including the forming of the blood clot and the ensuing hemorrhagic stroke. The defense disputed liability, arguing that the standard of care required consulting doctors to review the entire medical record, not just the Problems List. The defense specifically noted that the OB/GYN providers requested the entire medical records during Mrs. Larkin’s pregnancy. The defense also relied on the fact that Mrs. Larkin, having not been seen by Dr. Johnston for over a year before her pregnancy, never made Dr. Johnston aware that she was pregnant.

Andrea Larkin suffered the labor complications that caused a severe hemorrhagic stroke during delivery. She required a craniotomy and temporal lobectomy, losing all function in her extremities other than her right, dominant arm. Following the birth of her daughter, Larkin spent a total of 18 months in hospitals and rehabilitation programs. Larkin claimed she cannot currently walk or care for herself and that she requires 24/7 care and assistance with all of her activities of daily living. Currently, she requires two home health aides during the day and one overnight. She claimed she is unable to work given her condition, although she continues to receive physical therapy, speech therapy, occupational therapy and water therapy. Despite her ongoing therapy, Larkin claimed a significant recovery is doubtful. She claimed roughly $4 million in damages for medical costs and further sought damages for future medical costs/life care plan, her total lost wages, and pain and suffering. Plaintiffs further sought damages for the loss of Alexa Larkin’s parental relationship with her mother and Larkin’s husband sought damages for a loss of consortium. Regarding causation, the defense claimed that venous varices are extremely rare and have never been reported in the medical literature to rupture. The defense also claimed the pregnancy itself, not pushing, caused Andrea Larkin’s stroke.

The jury found for the plaintiffs and returned a verdict of $35.4 million against the defendants

Alexa Larkin: $1,500,000 Personal Injury: Loss of Parental Relationship; Andrea Larkin: $4,000,000 Personal Injury: Past Medical Cost; $11,000,000 Personal Injury: Future Medical Cost; $1,500,000 Personal Injury: Lost Earnings; $12,900,000 Personal Injury: Pain & Suffering; Timothy Larkin: $4,500,000 Personal Injury: Loss of Consortium

Judge:

Thomas A. Connors

Demand:

At or within the insurance policy limits (during trial)

Offer:

$8 million (during jury deliberations)

Trial Length:

8
 days

Trial Deliberations:

4
 hours

Jury Composition:

7 male/ 7 female

Post Trial:

According to plaintiff’s counsel, the judgment is expected to total $41,272,250.16 with prejudgment interest.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.