Confidential
Settlement – $250,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald Citron
(medical)
Lisa Kantrowitz
(medical)
Defendant
Richard Ugoretz
(medical)
Thomas W. Cummings
(medical)
Vincent M. Ricchiuti
(medical)
Facts
In July of 1991, Plaintiff, a 45-year-old certified nursing assistant and a widow with no children, presented to a physician for examination of a lump in her breast in July of 1991. That physician referred her for a mammogram which proved to be inconclusive due to the density of Plaintiff's breasts and the presence of fibrocystic tissue. The mammography technician told Plaintiff that she should have a biopsy. Plaintiff presented herself to Defendant for a biopsy in October of 1991. Defendant had treated Plaintiff and her then living husband for unrelated routine matters. Defendant performed a physical examination of Plaintiff, but did not request the mammogram films or perform a biopsy as requested by Plaintiff. Defendant's chart indicated that the mammogram was okay and that Plaintiff was reassured. A follow-up plan consisted of observing Plaintiff. Defendant did not conduct a follow-up visit with Plaintiff. Seven months later, Plaintiff was examined by her husband's treating physician who ordered a mammogram after performing a physical examination. The mammogram was again inconclusive due to breast density and fibrocystic tissue. A biopsy revealed a stage III lesion. Plaintiff underwent chemotherapy, a radical modified mastectomy, and radiation therapy. In late July of 1994, the disease metastasized to Plaintiff lumbar spine.
Settlement Discussions
Plaintiff contends that, prior to the MSC, Plaintiff informally demanded $400,000 and Defendant made no offers.
Specials in Evidence
$50,000 not claimed
Injuries
Radical modified mastectomy, chemotherapy, and radiation.
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