De Rogatis v. Shainsky CA2/5

INTRODUCTION

Plaintiffs (the Estate and parents of Tara De Rogatis, hereinafter plaintiffs) filed a complaint against Dr. Karen Shainsky (defendant) alleging medical malpractice arising out of the suicide of their daughter Tara by a drug overdose. Tara suffered from both mental illness and chronic pain. Defendant, a rheumatologist, treated her for pain management associated with fibromyalgia. She prescribed a large quantity of oxycodone, a painkiller, and the next day Tara was found dead from an overdose of medications, including oxycodone. Defendant argued she had no liability because the oxycodone found in Tara’s system was prescribed by a Dr. Ung, the prescription defendant issued had not been picked up by Tara, and the coroner did not find defendant’s oxycodone prescription bottle at the scene. The jury returned a unanimous defense verdict. The December 2, 2013, judgment provided defendant “shall recover . . . costs of suit” but left blank a space for the amount. Plaintiffs filed a notice of appeal on January 22, 2014. The notice was filed after defendant had filed a memorandum of costs seeking expert witness fees under Code of Civil Procedure section 998,1 but well before…