Malpractice lawsuit against Newport Beach doctor is dropped
A Canadian woman who suffered a stroke after undergoing a controversial procedure to treat multiple sclerosis has dropped her medical malpractice lawsuit against a Newport Beach doctor.
Linda Vicary and her husband filed suit in Orange County Superior Court in 2014 accusing Dr. Michael Arata, an interventional radiologist, of medical negligence, negligent misrepresentation and fraud, saying he didn’t inform her of all the risks associated with a “liberation” procedure she underwent to try to improve symptoms associated with her multiple sclerosis.
The civil trial began in early December, and just before closing arguments were scheduled to begin Dec. 20, Vicary’s attorney, Marshall Silberberg, requested that the case be dismissed. Silberberg could not be reached for comment Wednesday.
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The lawsuit stated that Vicary traveled to Orange County in September 2011 for the procedure, which consisted of a balloon angioplasty to open her veins in an attempt to improve blood flow. After the procedure, she suffered a severe stroke and underwent surgery to place a shunt in her brain, according to court papers.
The stroke left her unable to walk and caused her to be completely dependent on others in daily activities such as bathing, dressing and using the bathroom, according to the lawsuit. She sought damages upward of $25,000.
Arata’s attorney, Ray McMahon, argued in court that Vicary’s current state is not a result of anything Arata did but instead is part of the progressive deterioration associated with multiple sclerosis, according to an Orange County Register report.
McMahon could not be reached for comment Wednesday.
The liberation treatment is based on the much-debated idea that the narrowing of veins resulting in poor blood flow from the brain and spinal cord, known as chronic cerebrospinal venous insufficiency, or CCSVI, may contribute to nervous system damage in people with multiple sclerosis, according to the National Multiple Sclerosis Society.
In May 2012, the U.S. Food and Drug Administration published a notice alerting patients and doctors to the risk of death or injury from the procedure. The FDA wrote that the link between CCSVI and multiple sclerosis is unproven.
“Studies exploring a link between MS and CCSVI are inconclusive. Some studies have suggested a link exists, while others have found no such connection,” the FDA wrote. “At this time, the FDA believes there is no reliable evidence from controlled clinical trials that this procedure is effective in treating MS.”
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Hannah Fry, hannah.fry@latimes.com
Twitter: @HannahFryTCN
