The family of a man who died while having a threesome with a woman and a male friend has been awarded $3 million from his cardiologist because the doctor did not warn him to avoid physical exertion.
In 2009, 31-year-old William Martinez of Lawrenceville, Ga., went to cardiologist Dr. Sreenivasulu Gangasani complaining of what were described as "increasing episodes of new chest pain that radiated into his arm," the Gwinnett Daily Post reported.
Gangasani determined that the man was at "high risk" of having clogged heart arteries and ordered a nuclear stress test to be done eight days later. However, Martinez died a day before the scheduled test while having a threesome with a friend and a woman who was not his wife, according to the Atlanta Journal-Constitution.
Plaintiff's lawyers Rod Edmond and Tricia Hoffler, who represented the estate of William Martinez, argued that Gangasani failed to take a proper medical history and failed to inform the patient to stop all physical activity until the test was completed.
Earlier this week, a jury agreed and awarded Martinez' family $3 million in damages. The estate had sued for $5 million, but reduced it after determining Martinez was 40 percent liable for his own death, the Telegraph reported.
Edmond said that the case was won on its merits, but admitted some of the details of Martinez' death provided other kinds of challenges.
"Our case was strong on the medicine, but the case was particularly challenging due to some extraordinary and sensational facts surrounding the victim's death," Edmond said in a statement.
Meanwhile, attorney Gary Lovell, who represented Gangasani and CardioVascular Group, said the defense contended that Martinez was in fact "instructed to avoid exertional activity until after the nuclear stress test was completed" and said he plans to appeal the verdict.
"On behalf of our clients, we will be pursuing post-judgement motions with the trial court and, at the appropriate time, further appeals of the case as necessary," Lovell told the Gwinnett Daily Post by email.