Confidential
Settlement – $125,000Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Facts
In 1989, the decedent, a female engineer was diagnosed with a lump in her breast. The lump was removed, but the diagnosis of cancer was inconclusive. The decedent was afraid to undergo chemotherapy and radiation treatment. As an alternative to these treatments, decedent elected to consult with defendant doctor who practiced "alternative" or "Eastern" medicine upon the recommendation of a friend. Defendant doctor was also a traditional doctor with the accompanying duties and hippocratic responsibilites. From 1989 until the summer of 1996, decedent was treated by defendant doctor for a wide variety of ailments including a urinary tract infection, back pain, and a common cold. In May of 1996, decedent began developing intermittent nausea and vomiting. By July of 1996, the decedent had developed low back and tailbone pain, abdominal pain, stomach gas, bloating, "pencil-eraser sized" stool; dyspepsia and bladder and incontinence problems. These symptoms got progressivly worse over the next year. In July of 1997, a CT scan and subsequent exploratory laparotomy revealed a huge tumor diagnosed as advanced stage colon cancer. The decedent died of colon cancer in December of 1998 at age 66. The plaintiffs, the decedent's 70-year-old husband, and two adult children, brought this wrongful death action against the defendant.
Settlement Discussions
Defendant doctor made a C.C.P. Section 998 offer of $100,000. The plaintiffs made a C.C.P. Section 998 offer of $280,000.
Damages
The decedent was unable to work for approximately eight months prior to her death at an engineer's salary of over $50,000. The plaintiffs sought compensation for loss of wife and mother and for future earnings for the period of decedent's life expectancy.
Other Information
Parties had two voluntary settlement conferences before Judge Richard W. Luesebrink, retired, which did not result in settlement.
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