Confidential
Settlement – $250,000Court
Riverside Superior
Attorneys
Plaintiff
Gary M. Schneider
(Law Office of Gary M. Schneider )
Defendant
Jeffrey G. Keane
(Kramer, deBoer & Keane)
Experts
Plaintiff
Michael B. Van Scoy-Mosher M.D.
(medical)
Livia G. Solti-Bohman
(medical)
Raymond G. Schultz
(technical)
Andrew S. Wachtel M.D.
(medical)
Defendant
David A. Margileth
(medical)
Davis S. Feigin
(medical)
Facts
On May 15, 1990, a 60-year-old retiree had chest X rays taken at Defendant radiology laboratory; he had been referred to Defendant radiology by his family physician after he presented with a persistent cough. Defendant doctor read the X rays and wrote in his report that they showed "no evidence of acute pulmonary disease." In early September of 1992, this patient began to suffer from violent shaking of his right arm; he consulted with his family physician who again referred him to Defendant radiology laboratory for X rays. On September 11, 1992, the patient had chest X rays taken by Defendant radiology which were again read by Defendant doctor; on September 11, 1992, Defendant doctor again wrote "no evidence of acute pulmonary disease." Later in September, subsequent studies showed that this patient had lung cancer which had metastasized to his brain. On October 7, 1992, he underwent surgical removal of a metastatic tumor in his brain; post-operatively, he suffered complications which resulted in his death on October 15, 1992. Plaintiff was the decedent's widow.
Settlement Discussions
Offers and/or demands, exchanged prior to this result, were not disclosed.
Specials in Evidence
$415,845
Damages
Other damages claimed were $10,142 in funeral expenses and $870 in medical bills which were not otherwise covered by insurance.
Injuries
Death of spouse.
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