Frustaci Suit Asks $2.2 Million From Fertility Doctor : Frustacis File $2.2-Million Suit Against Her Doctor

The parents of America’s first septuplets today filed a malpractice and wrongful-death suit seeking more than $2.2 million against the doctor and clinic that gave fertility drugs to Patti Frustaci, their lawyer said.

The Superior Court suit by Sam and Patti Frustaci of Riverside alleges medical malpractice and four wrongful deaths as a result of treatment at Tyler Medical Center by Dr. Jaroslav Marik, attorney Browne Greene said. It seeks $1 million in medical expenses already incurred plus any future medical expenses as well as $1.25 million in non-economic losses--or $250,000 for each of the three surviving children and the parents, he said.

California law limits medical malpractice awards to $250,000 for such non-economic losses as pain, suffering or embarrassment.

“During the course of this treatment, Dr. Marik prescribed excessive and inappropriate dosages of fertility drugs,” Greene said at a news conference. “In addition, he failed to monitor Mrs. Frustaci’s condition according to proper medical procedures, including ultrasound testing.”