National Health Laboratories, Inc.v. Ahmadi

96 A.2d 555 (1991)

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Nature of the Case

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Facts

P came to the Neurology (D), and the Dr. ordered various tests, including a vitamin B-12 level test to rule out B-12 deficiency. Blood was drawn on and sent to the National (D) for the test. Because of an admitted error in the testing methodology, the National (D) technicians incorrectly reached a normal-range finding. The true reading at the time would have been dangerously lower than the normal-range result reported by National (D). P continued to suffer and was admitted to the hospital. Another Neurology (D) Dr. ordered a new test, but it was never carried out. P continued on a roller coaster and Neurology (D) again ruled out vitamin B-12 deficiency without conducting a new B-12 level test, instead suggesting risky drug treatment for MS. P suffered a serious bladder infection for which she went to see Dr. Bruce Spertell at Stanford University Medical Center. Over the next few days, she became much weaker, and, on the verge of paralysis, went to Stanford on an emergency basis, again seeing Dr. Spertell. Spertell diagnosed B-12 deficiency even before the results of a new B-12 test came back at a dangerously low level. P has remained paralyzed from the waist down ever since. P sued brought suit against Neurology (D) for negligence and medical malpractice; against National (D) for negligent failure to perform the B-12 test properly and for falsely reporting a normal result; and against Hospital (D) for negligence in failing to complete a second B-12 test and failure to diagnose. The jury found for P as against Neurology (D) and National (D), rendering a $10 million verdict against both. The trial court ruled that while each was entitled to contribution of 50% from the other, neither was entitled to indemnification. Neurology (D) appealed.