Michele Diane Watson v. Michael Gin Quon, M.D.
Published: Feb. 23, 2005 | Result Date: Nov. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: PC032896Z Verdict – $0
Judge
Court
L.A. Superior
Attorneys
Plaintiff
William N. McMillan
(DeWitt Algorri & Algorri)
Defendant
Experts
Plaintiff
Don Nishiguchi
(medical)
Jeffrey M. Shapiro
(medical)
Michael L. Steinberg
(medical)
Defendant
Kerry Weiner
(medical)
Facts
On April 15, 2002, the plaintiff's OB/GYN, Don Nishiguchi, felt what he documented to be a "hard firm mass" and referred the plaintiff to the defendants to rule out cancer. The plaintiff then saw gastroenterologist Rajinder Kaushal, who immediately referred the plaintiff for a colonoscopy with his partner, gastroenterologist Michael Gin Quon. Dr. Quon performed a colonoscopy on April 17, 2002 wherein he noted internal hemorrhoids on rectal examination and biopsied three areas in the rectum and sigmoid colon. No hard mass was felt by Dr. Quon. The plaintiff claimed that she informed both Drs. Quon and Kaushal that she had a history of hard mass. Dr. Kaushal and Dr. Quon deny that this history was ever given to them. There was no communication between Dr. Nishiguchi and the defendants on this issue. In December 2002, the plaintiff self-referred to the surgeon Dr. Decio Rangel for what she believed were hemorrhoids. Examination revealed a tight stricture in the anus and a punch biopsy revealed stage III squamous cell carcinoma. The plaintiff underwent chemotherapy and radiation treatment. Ultimately, she had complete AP resection and a permanent colostomy.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $175,000.
Specials in Evidence
none None
Injuries
AP resection (removal of anus and rectum) and permanent colostomy. Late diagnosis of squamous cell carcinoma of the anus.
Deliberation
five hours
Poll
12-0 (Dr. Quon), 10-2 (Group)
Length
seven days
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