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Wrongful-death trial starts

Opening statements mark beginning of case against doctors who had treated actor John Ritter.

February 13, 2008|By Jeremy Oberstein

GLENDALE — More than four hours of opening statements Monday kicked off the wrongful-death trial in Glendale Superior Court against two Providence St. Joseph Medical Center doctors who stand accused of not doing enough to prevent the 2003 death of actor John Ritter.

A six-man, six-woman jury heard remarks that covered Ritter’s medical history and his economic potential had the actor, best known for his role as Jack Tripper on “Three’s Company,” not died.

His widow, Amy Yasbeck, is asking the jury to award her $67 million in damages from lost wages that Ritter could have received as the star of ABC’s “8 Simple Rules for Dating My Teenage Daughter,” where he fell ill while filming a segment on Sept. 11, 2003, and died hours later of an aortic dissection at Providence St. Joseph Medical Center in Burbank.

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During opening statements, Moses Lebovits, an attorney for Yasbeck, detailed what he said was poor judgment on the part of hospital staff members, including Dr. Joseph Lee, a cardiologist who he says failed to properly treat Ritter, who had complained of chest pain and nausea while filming the television show.

“What you will hear, ladies and gentlemen, is that they did everything wrong in the treatment of the aortic dissection,” Lebovits said to the jury. “All [Lee] had to do was perform a chest X-ray, which 60% to 90% of the time shows some abnormality.

“The care Mr. Ritter received was below the standard of care and caused his death. Had the correct diagnosis been made . . . he would have gone on to surgery, where the success rate is 75% to 85%, and he would be back to work in six to 12 weeks.”

By that time, Ritter would have been able to command a salary increase up to $350,000 per show for the expected seven-year life of the sitcom, argued lawyer Michael Plonsker.

“‘8 Simple Rules’ generated hundreds of millions of dollars, and John Ritter was the star,” he said.

But defense attorneys disputed both contentions — that doctors failed to do enough and the basic premise of the economic damages.

“Their claims are based upon flawed science,” Stephen Fraser said. “Their exaggerated claims are based on speculation upon speculation upon speculation all wrapped up in the aura of celebrity. His death was not caused by doctors. Dr. Lee didn’t save Ritter’s life, but he didn’t kill him either.”

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