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CONFIDENTIAL

Nov. 11, 1995

Personal Injury (Non-Vehicular)
Medical Malpractice
Wrongful Death

Confidential

Settlement –  $250,000

Court

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.


#116987

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