Legal Question in Personal Injury in California

Phen-Phen and mitral valve prolapse

After being on Phen-Phen for several years I became concerned when I began to develope ankle swelling and shortness of breath. I went to my prescribing physician and she ordered an Echocardiogram. During the exam the tech was kind enough (since I'm a nurse in the same hospital) to explain her observations, one of which was some mitral valve prolapse. The final reading was done by a cardologist in the same physicians medical group. His findings were...normal Echo. My question is this.....I recieved two conflicting reports.....is there a conflict of interest here. I'm wondering if I should trust this MD with his eval.. I have requested a copy of the report for my records. So far it has not arrived. I'm concerned that they are trying to CYA.


Asked on 12/19/97, 9:07 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Get a Second Opinion

It is possible that the cardiologist is covering for his colleagues, although it is impossible to be sure based on the limited facts you have provided. Your best bet is to get a second opinion from a physician with no ties to the case, whose opinion would be unbiased. If the second physician confirms the nurse's read, ask whether the prolapse is obvious or whether it could be easily missed. If it's obvious, this may be evidence that the first doctor was not being forthcoming with you.

I have a healthy level of respect for nurses and I know that they are often as capable as doctors of spotting problems on an EKG or other device. However, where a doctor and nurse differ, you can't assume that the nurse is right and the doctor mistaken (nor could you assume the reverse).

Consult another physician to see what he/she thinks. If you're still not comfortable, there's no reason not to see two or three more doctors (except, of course, for the cost involved).

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Answered on 12/22/97, 1:31 pm
David Austin Burke & Eisner, P.A.

Fen-phen and Mitral Valve Prolapse

Get another opinion on the cardiac problem. Fen-phen and Redux, as you know, have been tied to these problems.

I along with several other attorneys are representing people with these injuries. We are bringing individual lawsuits (not class actions). Feel free to give me a call and we will talk with you for free and investigate your claim if you like.

Location is not an issue for us. We are representing people all over the country.

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Answered on 2/04/98, 8:45 am


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