Confidential
Settlement – $500,000Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Defendant
John C. Kelly
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Spencer Gilbert
(medical)
Richard X. Hanson
(technical)
Ronald Leuchter
(medical)
Scott P. Serden M.D.
(medical)
Facts
On July 25, 1998, the decedent went to defendant OB/GYN with complaints of post-coital bleeding. The decedent received a pap smear. On Aug. 28, 1998, the laboratory result, furnished by defendant laboratory, stated that the findings were "atypical squamous cells of undetermined significance" (ASCUS). Defendant OB/GYN claimed that he relayed these results to the decedent and advised her to return in three months. However, she did not return to see defendant OB/GYN or any other doctor for two years. In July 2000, the decedent reported to defendant OB/GYN symptoms of abnormal bleeding, but after a second pap smear was performed, no significant findings were made. Yet, in November 2000, after more bleeding, the decedent received another pap smear that had findings of "high grade squamous intraepithelial lesion, severe dysplasia/CIS." She underwent immediate treatment, including chemotherapy and radiation. Surprised by the advanced stage of her condition, given the past pap smear results, her treating oncologist ordered the original slides to be reviewed by a pathologist at USC. The pathologist found, among other things, that the July 1998 slide interpreted by defendant laboratory did not show ASCUS, but instead showed a high-grade squamous intraepithelial lesion indicative of cervical intraepithelial neoplasia, grade 3 (CIN III). Although attempts were made to treat the decedent after November 2000, the cancer was far too advanced to be cured. She received pallitative care through the summer of 2001, but passed away in late September at aged 45, leaving behind her husband and two children.
Damages
The plaintiffs, the decedent's husband and two children, claimed loss of financial support in excess of $1.5 million for a total damage claim in excess of $1.75 million (the decedent owned and operated a travel agency).
Other Information
The case was originally filed while the decedent was living. She passed away during litigation, and the claims were converted to wrongful death causes of action by her husband and two children. The case was settled as to defendant laboratory, but was tried as to defendant OB/GYN, which resulted in a defense verdict, based upon the patient's failure to follow-up as instructed.
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