David Marr, 72, was undergoing cancer treatments at a cancer institute. He underwent a kidney function test, which was ordered by a nurse practitioner, Janet Kunsman. Radiologist Dr. Sachin Saboo then authorized a CT scan with IV contrast.
After the contrast dye was applied, Marr suffered kidney failure. Subsequently, he required dialysis until his death three years later. The finalized results of the renal function test, which arrived after Marr’s kidney failure, showed that he had worsening kidney function.
Marr’s estate sued Kunsman and Saboo alleging negligent authorization and administration of contrast dye on a patient with worsening kidney function. Marr argued that the defendants should have reviewed the finalized test result before contrast dye was administered.