Michelle Bolotin, Carole Bolotin v. Kaiser Foundations Hospitals Inc., Southern California Permanente Medical Group, Kaiser Foundation Health Plan
Published: May 28, 2003 | Result Date: Mar. 12, 2003 | Filing Date: Jan. 1, 1900 |Case number: DUM0002581 Arbitration – $0
Court
Case Not Filed
Attorneys
Plaintiff
Mark S. Novak
(Law Offices of Mark S. Novak)
Defendant
Brian L. Hoffman
(Wood, Smith, Henning & Berman)
Experts
Plaintiff
David Abrams
(medical)
Irving Klasky
(medical)
Defendant
Richard A. Johnson
(medical)
Andrew Ippoliti
(medical)
Facts
The subject suit relates to the alleged failure to properly work-up a middle-aged man with chronic reflux syndrome. The claimants argued that from May 23, 1995 through February 2000, that the decedent was treated by Kaiser family practitioner and despite having dyspepsia and gastroesophageal reflux disease (GERD) like symptoms, no upper endoscopy was performed to determine whether his medical condition was becoming cancerous. The patient died from esophageal cancer on May 2, 2001. The respondents claimed that there were no breaches of the standard of care and no causation. The decedent had presented to the hospital between 1991 and 2001, numerous times for different minor medical complaints. On a few of these occasions, the decedent indicated that he had dyspepsia but that it was relieved by taking Rolaids or other over-the-counter antacid. Throughout this period of time, up until shortly before his death in May 2001, the decedent had no major complaints related to his dyspepsia, as his prescription for Tagamet controlled his symptoms. Furthermore, he had no other symptoms that would have indicated any development of any pre-cancerous condition. He had no weight loss, no dysphasia, no coughing, no change in his bowel pattern and no change in his eating habit. The respondents contended that with good control of the decedent's symptoms with a mild drug such as Tagamet, there was no need for an increase in the dosage and as the decedent had not made any major complaints, there was no need to perform an upper endoscopy. Additionally, even if the decedent had been referred for an upper endoscopy in 1995, 1996, 1997, 1998, 1999 or 2000, there was no way it would have shown. Esophageal cancer is often fatal.
Settlement Discussions
The claimants demanded $250,000; there was no offer.
Other Information
A two-day arbitration was held before George M. Dell.
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