Jill Shaye v. Scott Eisenkop
Published: Jan. 11, 2005 | Result Date: Nov. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: LC062782 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
David J. O'Keefe
(Bonne Bridges Mueller O'Keefe & Nichols)
Experts
Plaintiff
William K. Hummer
(medical)
Defendant
Ronald Leuchter
(medical)
Facts
The subject suit involved a 38 year-old woman who was diagnosed by her gynecologist with a pelvic mass. She was referred to a GYN cancer surgeon, the defendant Dr. Scott Eisenkop, for further workup and evaluation of the mass. The pre-operative x-ray examinations indicated that cancer could not be ruled out. The defendant undertook an open laparotomy and removal of a large portion of the mass for frozen section evaluation. The frozen section evaluation was performed by Dr. Brian Lu (not a defendant in the action) and an intra-pathology consultation was obtained with Dr. James Colbourn, pathologist. Both Dr. Lu and Dr. Colburn concluded that the mass represented a malignant sarcoma. Dr. Lu informed Dr. Eisenkop that while the patient was still on the operating table, that the mass represented a sarcoma. The mass was affixed to the patient's uterus and colon. Dr. Eisenkop resected the uterus and a portion of the colon and aortic lymph nodes. All tissues were submitted for final pathologic evaluation. There was a dispute among various pathologists as to whether the tissues removed contained a malignant sarcoma or a benign necrotizing fibroid. The slides were sent to several outside pathology experts including a sarcoma specialist. The final diagnosis came back benign necrotizing fibroid which mimicked a sarcoma.
Settlement Discussions
The plaintiff demanded $350,000. There was neither any offer nor any consent to settle.
Specials in Evidence
$80,000 In vitro fertility costs associated with egg harvesting and the use of a surrogate mother of approximately $200,000
Damages
The plaintiff alleged $250,000 in general damages.
Result
A defense verdict for all defendants.
Deliberation
three hours
Poll
12-0 (for all defendants)
Length
two weeks
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