Confidential
Settlement – $92,500Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Facts
On June 15, 1993, the plaintiff, a 67-year-old retired billing supervisor, presented to the defendant family doctor with pneumonia. The plaintiff's chest x-rays showed a peripheral lung lesion. The radiologist recommended a CT scan which was not performed. The defendant disagreed with the radiologist's opinion of a possible metastatic mass. Almost one year later, on May 11, 1994, subsequent x-rays showed the mass had grown. The radiologist again recommended a CT scan. The defendant did not order a CT scan, diagnose or treat the plaintiff's cancer. The plaintiff brought this action against the defendant based on medical malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendant made no initial settlement offers.
Damages
The plaintiff claimed she has a shortened life expectancy as a result of the defendant's medical negligence.
Other Information
The settlement was reached approximately six months after the case was filed. Trial was set for June 17, 1996, after the plaintiff's C.C.P. º36 motion for an early trial date was granted. The case was concluded by settlement talks between counsel at the expert witness list exchange (per C.C.P. º2034) six months after the case was filed.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390