Daniel Huff (left) and Michael Frankson of Huff Powell & Bailey. (Photo: ALM/Courtesy)

A DeKalb County jury cleared a radiologist of liability in the death of a woman who suffered a fatal heart attack days after she was allowed to go home after being diagnosed with blood clots in her leg.

The doctor, Ajay Joshi, and his employer were the last defendants remaining in the case after the woman's treating physician and a vein technician settled their claims pretrial. An attorney for Joshi said key testimony by the treating physician, a podiatrist, helped convince the jury that she may have borne more blame than Joshi.   

"It was one of the longest and most contentious examinations I've ever conducted," said defense attorney Michael Frankson of Huff Powell & Bailey 

"What started out as a defense attempt to bolster their criticisms of us ended up vilifying the treating physician," said Frankson, who tried the case with fellow firm partner Dan Huff. 

Lead plaintiffs attorney Tricia "CK" Hoffler of the Hoffler Firm agreed the witness "didn't help herself" on the stand but said the evidence showed that Joshi did not informed the deceased woman's doctor of her condition—a key issue in the case. 

Hoffler said that, while her team greatly appreciated "the time and attention that both the judge and the jury paid to this case, we believe there is legal error and are contemplating an appeal."

"This was a hard fought case that accentuated the challenges of apportionment and related issues. But our trial and appellate teams are poised and positioned to take this fight to the next level," said Hoffler, who tried the case with Arrington Owoo partners Robert Arrington and Latif Oduola-Owoo. Michael Terry and Amanda Seals of Bondurant Mixson & Elmore also serve as appellate counsel for the plaintiffs.  

According to Frankson and court filings, 51-year-old Lisa Calhoun first went to the Village Podiatry Center in May 2014 complaining of pain in her calf and knee. Podiatrist Lawanna Monday diagnosed her with tendonitis and osteoarthritis and prescribed a regimen of stretching, ice and rest.

On June 26, Calhoun returned complaining that the pain had worsened, and Monday diagnosed her with deep vein thrombosis, ordered an ultrasound to assess the presence of blood clots and told her to follow-up in two weeks. 

The ultrasound was performed at DeKalb Medical Center and evaluated by sonographer and vascular technologist Chanel Smith, who confirmed the presence of blood clots in Calhoun's leg.

Smith communicated her findings and sent the ultrasound to Joshi, the on-call radiologist, who according to the plaintiff's account failed to "timely or properly communicate" the results to Monday or to Calhoun. 

The defense portion of the pretrial order said Joshi "interpreted the ultrasound, noted the [deep vein thrombosis], and appropriately relied upon, and documented, the fact that the preliminary report was called to Dr. Monday's office by Ms. Smith at the completion of the exam."

Five days later, on the morning of July 1, Calhoun went to the medical center's emergency room complaining of severe chest pains and shortness of breath. ER personnel checked her records, saw the deep vein thrombosis diagnosis and administered anticoagulants, but she suffered cardiac arrest and could not be resuscitated.  

In 2016, Calhoun's sister and estate administrator, Arlene Thomas, sued Monday and Village Podiatry Centers; Smith and her employer, Metro Vascular; and Joshi and his employer, Radiology Associates of DeKalb, in DeKalb County State Court. 

Two mediations before Gino Brogdon Sr. at Henning Mediation & Arbitration resulted in confidential settlements with Monday and Smith and their employers, Frankson said.

But discussions with Joshi failed to resolve the claims against him.

"Both sides took positions that were reflective of their confidence in their cases," Frankson said. 

During the trial that commenced Sept. 9 before Judge Johnny Panos, Frankson said a big concern was the jury's sympathy for the undeniably compelling decedent.

"The biggest challenge of this case was that she was just an angel: an executive at Coca-Cola who quit to become a missionary; there was a memorial service for her in South Africa," he said.  "It would have been so easy for the jury to say, 'she's such a great person, and this should not have happened.'"

Frankson said the defense had two main arguments: that Joshi had the responsibility to make sure Calhoun's treating physician was notified of her condition, and that the patient should never have been permitted to leave the hospital without knowing what her tests had shown.

Frankson said the jury was permitted to hear that Joshi's co-defendants had settled their claims pretrial, a strategic decision by the plaintiffs.

"It was debatable whether that was admissible; the defense took the position that 'these people have taken responsibility,' so they brought it in," he said. 

In closing, Frankson said Hoffler asked the jury to award $30 million in damages. 

The jury began deliberations Friday and came to continue on Monday. 

He said the panel twice sent out questions regarding the apportionment of liability to the former co-defendants, who were listed on the jury form along with Joshi and his practice.   

"First they asked, 'if we find for the plaintiffs do the non-parties have to pay?'" he aid. "Then they asked, 'If we find for the plaintiff does Dr. Joshi have to pay the whole thing or just his share?'"

That questions made the defense team "nervous," Frankson admitted.

But on Monday at about noon, the jury returned a defense verdict. 

In speaking with jurors afterward, Frankson said the panel was about evenly divided when they began deliberations before shifting to the defense.

"They were very apologetic about the questions they sent out," he said.