Doctors cleared in actor’s death

GLENDALE — Jurors found doctors not guilty of medical malpractice in connection with actor John Ritter’s 2003 death at Providence St. Joseph Medical Center in Burbank, saying nothing could have been done to save his life.

“Dr. [Joseph] Lee started doing what he had to do when John went to the hospital,” said forewoman Adriana Goad, speaking for the nine jurors who sided with the defense. “There was no time, there was nothing else that could be done.”

Amy Yasbeck, Ritter’s widow, filed the lawsuit against Lee and Dr. Matthew Lotysch for $67 million, saying that they could have done more to prevent the actor’s death, which happened hours after the 54-year-old fell ill while filming ABC’s “8 Simple Rules for Dating My Teenage Daughter” on Sept. 11, 2003.

The monthlong trial was, at times, a celebrity-studded affair as Henry Winkler regaled the jury with tales of Ritter’s personality on the first day and executives from ABC and Touchstone testifying to Ritter’s earning potential. Yasbeck also starred for three years on the sitcom “Wings.”

But that held little sway for the nine jury members who sided with the defense.

“We all loved John Ritter, but the celebrities had no bearing on the case,” said Goad, standing outside of the Glendale Superior Courtroom where the trial took place. “We were there to look at Doctors Lotysch and Lee.”

One of the main points of contention for Yasbeck was that Lee, a cardiologist, should have ordered a chest X-ray when Ritter was admitted to the hospital and that, if examined, an X-ray might have showed Ritter’s heart condition and could have saved his life, according to her attorney Moses Lebovits.

Lebovits also claimed that had Lotysch, a radiologist, told Ritter that his aorta was enlarged during a 2001 body scan, the former actor could have lived a healthier life preventing the rupture of his aorta that ultimately caused his death.

For Goad, neither argument was convincing enough to influence her decision.

“It would have taken too much time for a chest X-ray,” she said. “We had to first establish a timeline and decided that Dr. Lee did the best he could. The nine people who agreed were very adamant. There was no wavering on our side.”

As to Lotysch’s alleged malpractice, Goad said: “There were so many experts that [disagreed during the trial] about what is an enlarged aorta. If they can’t agree, why hold Dr. Lotysch accountable?”

Establishing a timeline was at the heart of their deliberations, which took less than two days, Goad said.

“That seemed to be the most important thing,” Lebovits said. “[Had we known that] we would have focused more on that.”

Though Yasbeck disagreed with the verdict, she hoped the trial would shed light on aortic dissection, a condition she believes is misdiagnosed with regularity.

“This trial was necessary because mistakes like this one are made every day,” she said. “I will continue to work to raise awareness of aortic dissection and the John Ritter Foundation for Aortic Health, which is a movement to change the way people think about aortic dissection.”

One juror who dissented from the majority and refused to be identified said she felt a kinship with Yasbeck and her children, who were a constant presence during the trial, testifying on occasion about their relationship with Ritter.

“I think there was some negligence there but with all those kids up there, I felt like Amy was a part of my family,” she said. “The three of us [who dissented] kept up the discussion and that’s what kept us from issuing a verdict. The three of us felt very strongly. I’m amazed they got nine people.”

Attorneys for Yasbeck maintained their assertion that the doctors were at fault and said they will take some time to mull their future options.

“We are still convinced the doctors contributed to John’s death, but the jury system worked,” attorney Michael Plonsker said “We’re going to evaluate and figure out what we’re going to do,”

Lotysch and Lee were absent when the jury read their verdict Friday. Soon after the announcement, their attorney Stephen Fraser relayed the good news, he said.

“The amount of disruption for them has been incredible,” Fraser said. “But I told them and they are enormously relieved.”