Debra McCurdy and Mark McCurdy v. Carsten Ronlov, M.D.
Published: Oct. 10, 1998 | Result Date: Jun. 11, 1998 | Filing Date: Jan. 1, 1900 |Case number: NC019382 Verdict – $0
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
John R. Yates Jr.
(Yates Litigation)
Defendant
Louis "Duke" DeHaas Jr.
(LaFollette, Johnson, De Haas, Fesler & Ames APC)
Experts
Plaintiff
Maclyn E. Wade
(medical)
H. Rex Green
(medical)
Defendant
Elliott Hinkes
(medical)
Martin Feldman
(medical)
Facts
In 1983, plaintiff Debra McCurdy, age 37 at the time, first started treating with defendant Dr. Carsten Ronlov, her OB/GYN, and he thereafter delivered four of her children. Thereafter, the plaintiff was seen on a regular basis for physical examination. On March 20, 1995, the plaintiff appeared for an unscheduled appointment because she had palpated a lump in her left upper breast. It was palpable by the defendant upon examination, and he immediately sent her for a mammogram. Because of the findings of mammography, the plaintiff was sent to a surgeon and, four days after the diagnosis, (March 24) the plaintiff underwent a left radical mastectomy. A 6 centimeter mass of tumor/lymphnodes in the left breast was removed, found to be cancerous, and 15 of 17 lymph nodes diclosed metastatic carcinoma. In August 1995, the plaintiff underwent a stem cell transplant at UCLA. At the time of trial, she did not have any evidence of metastatic cancer. The plaintiff was seen six months before the March 20, 1995, office visit for a breast examination by the defendant and at that time, he could not palpate any masses. The plaintiff alleged that a year and a half prior to the visit, she was also seen by the defendant for a physical examination and complained to him that she could palpate a lump on her left breast. The plaintiff alleged that after examination, defendant indicated it was nothing and not to worry about it. The plaintiff's chart indicated a negative breast examination. The plaintiffs brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff did not make a demand. The defendant made no offer, no consent.
Damages
The plaintiff claimed general damages of $250,000 in addition to loss of earning capacity as a paralegal and potentially an attorney since she was accepted to an unaccredited law school. Plaintiff's husband claimed for loss of consortium.
Injuries
The plaintiff underwent a radical mastectomy. Despite no evidence of metastatis at time of trial, all experts agreed her chance of 5-year survival was less than 30 percent.
Other Information
The verdict was reached approximately two years after the case was filed.
Deliberation
nine hours
Poll
none taken (indication of 10-2)
Length
seven days
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