HOUSTON - A Harris County jury has ruled for an oncologist who was hit with a lawsuit following his decision to prescribe a patient Hydrea, a chemotherapy medication.
Dr. Mohsen Shahpouri Arani went to trial eight years after being sued by the Estate of Maggie Jackson, who died in 2014 at Tomball Hospital at 83 years old. It was alleged Jackson never gave consent to be treated with Hydrea and that Jackson never wanted "chemotherapy of any sort" if she were diagnosed with cancer because of her late husband's experiences.
The suit did not allege side effects from Hydrea or blame Arani for Jackson's death, only that he ordered Hydrea and dialysis against Jackson's wishes. It said Jackson "experienced severe pain due to the unauthorized treatment."
Ultimately, a Harris County District Court jury rejected Jackson's family's request for damages for pain and mental anguish. On Sept. 30, it unanimously answered "no" to the two pertinent questions:
-Did Mohsen Arani, M.D., without Maggie Jackson's consent, order that Hydroxyurea be administered to her? and
-Did Mohsen Arani, M.D., fail to disclose to Maggie Jackson such risks and hazards inherent in the treatment with Hydroxyurea that could have influenced a reasonable person in making a decision to give or withhold consent to such treatment?
Judge Michael Gomez entered final judgment for Arani on Oct. 21.
Jackson experienced shortness of breath on June 26, 2014, and headed to Tomball Hospital, where Arani was on call. He ordered a bone marrow biopsy and prescribed Hydrea, allegedly without consent.
But in his defense, he said he documented a conversation two days after she came to the hospital. He told her then he thought the dangerous increase in her white blood cell count was likely caused by steroids given to her to treat COPD.
His notes say Jackson's kidney function was worsening and tumor lysis syndrome was possible. His notes conclude, "I did discuss with patient's (sic) and son."
That son, Kevin Fisher, remembered that conversation and relayed it to Jackson's daughter Claudia Graeter, Arani's lawyers wrote after conducting depositions. Graeter's own notes say "about 6:00 my brother calls me and says they were going to give medicine to help kill the white cells because they were to (sic) high."
Those same notes said Graeter asked her mother what she thought about "chemo," in reference to Hydrea, and Jackson said "she would do what doctor said to do."
Ultimately, Graeter was appointed medical power-of-attorney and told doctors to stop dialysis and all medications.
Though her family blamed the "chemo" for her death, no expert backed those claims.
"Whether or not Jackson wanted 'chemotherapy' in 2006 is irrelevant to whether or not she wanted 'chemotherapy' in June of 2014," Arani's lawyers wrote before the trial.
"Even if Ms. Jackson was diagnosed with cancer, and even if she was offered chemotherapy, her statements on not wanting chemotherapy in the past have no bearing on whether she wanted it on the day in question when Dr. Arani first ordered Hydrea.
"The stress and fear of lying in a hospital bed with a cancer diagnosis might change even the most stubborn person's outlook on treatment."
David Andis of Gauntt, Koen, Binney & Kidd in Spring represented the plaintiffs.
Robert Smith, Jr. and others at Mayer LLP represented the defendant.