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The Associated Press
Tucson, Arizona | Published: 03.15.2008
GLENDALE, Calif. — Two doctors were not negligent in the diagnosis and treatment of John Ritter, who died from a torn aorta in 2003, a jury found Friday in a wrongful-death lawsuit by the actor's widow and children.
The lawsuit claimed that a radiologist failed to spot a purported enlargement of the aorta in a body scan conducted two years before Ritter's death and that there was malpractice by the cardiologist summoned to treat the actor at Providence St. Joseph Medical Center, where he was diagnosed with a heart attack.
The jury voted 9-3 to clear Dr. Joseph Lee, the cardiologist, and Dr. Matthew Lotysch, the radiologist, of the negligence claims. Neither doctor was present for the verdict, which was reached on the second day of deliberations and was read quickly. Attorneys said the doctors were at work.
"We felt very strongly that neither Dr. Lotysch nor Dr. Lee did anything wrong in this case," said jury forewoman Adriana Goad, a human-resources manager for a mortgage company. She said talks were often heated, but the majority was adamant that "we don't believe his life could have been saved."
Ritter was 54 when he became ill while working on his hit sitcom "8 Simple Rules … for Dating My Teenage Daughter" and was taken to the hospital on Sept. 11, 2003.
Lawyers for Ritter's widow, Amy Yasbeck, and children claimed Ritter's death resulted in a loss of as much as $67 million in future earnings. Attorneys said Friday that because Ritter would have had expenses such as paying an agent and staff, they were actually seeking about $43 million in damages for the family.
Eight other medical personnel and the hospital previously made settlements with the family totaling $14 million.
"I disagree with the jury's decision but I believe in the system and I respect it," Yasbeck said. Yasbeck said she believes that bringing the lawsuit has drawn attention to aortic diseases and the fact that "mistakes like this are made every day."
"It inspires me even more to find, with these brilliant medical minds, a path to diagnose aortic diseases," Yasbeck said. She said she has started a foundation in her husband's name to work in that area.
During the trial, the plaintiffs' attorneys sought to show that Lee rushed to a faulty diagnosis and failed to have a chest X-ray taken that would have revealed the torn aorta, resulting in surgery that would have saved Ritter.
Testimony showed that an X-ray was ordered as soon as Ritter arrived at the emergency room but for unknown reasons it was never done. Lee was called in later in the evening after Ritter was already diagnosed with a heart attack.
Defense testimony characterized the aortic dissection as lethal and contended that even with surgery the outcome would have been the same.
"We all came into this trial liking John Ritter," said Goad, the forewoman. "We all fell in love with John Ritter and his family during the trial. What an amazing man."
But she said the deciding factor was the timeline that showed Lee arriving after others had declared Ritter was having a heart attack, and she said the majority was convinced that the doctor had no spare time to take an X-ray and had to act quickly to try to save the actor's life.
Juror Bill Boller, a former paramedic, said that when Lee arrived Ritter's "vital signs were already dipping. He had to make a quick decision. He had no time."
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