Stroke Diagnosis Case – Defense Verdict

Brown v. Okon et al., Multnomah County Case No. 14CV08542

Plaintiff Brown collapsed while on vacation in Idaho and was taken to the emergency room. Doctors diagnosed a blockage in his carotid artery.  The doctors were concerned about a potential stroke so they ordered a clot-buster tPA (tissue plasminogen activator). The hospital’s protocol requires the ER doctors to consult with a neurologist before administering the tPA.  The hospital contracts with Defendant Dr. Okon to provide a video conference examination prior to any tPA being administered. Okon performed the examination via video conference and determined that Brown was not a candidate for the tPA due to his low score on the National Institute of Health  (NIH) stroke scale. Okon believed the risks of using tPA outweighed the potential benefits.  Later that night Brown suffered a significant stroke.  Brown alleged that Okun breached the standard of care by failing to approve the tPA.  He sought $228,828 for past medical expenses, $3,609,175 for future medical expenses and $5,000,000 in non-economic damages.  Brown’s wife sought $1,000,000 for loss of consortium.

Defendant Okon denied any negligence. He argued that based on lab results, imaging results, Mr. Brown’s history of similar events, and his rapidly improving condition, Mr. Brown scored low on the NIH stroke scale and therefore was not a candidate for tPA.

Plaintiff’s Counsel – Thomas D’Amore

Defense Counsel – Paul Silver and Nikola Jones

Verdict – Defense Verdict

Date – June 9, 2016

June 30, 2016

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