Facts

In August 2007, plaintiff David DiGregorio was referred to defendant Joel Aronowitz, M.D., a board-certified plastic surgeon, for treatment of a swelling in his right middle finger. Over a period of 18 months, Defendant examined and treated Plaintiff's finger, diagnosed him with chronic perinychium, and performed four surgeries. During this time, Plaintiff continued to experience significant pain and swelling. Defendant referred Plaintiff to Dr. Stuart Kuschner (not a defendant), a hand surgeon specialist. Dr. Kuschner immediately ordered an MRI and a biopsy, which revealed a large and deeply embedded squamous cell carcinoma. Plaintiff underwent approximately 30 radiation treatments, but to no avail as his cancer remained. Plaintiff underwent partial amputation of his right middle finger.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant provided negligent treatment and misdiagnosed Plaintiff's ailment. The initial biopsy was only partial and incomplete and that Defendant never had any tissue tested despite treating Plaintiff for approximately 18 months and performing four surgeries during this period. Plaintiff also claimed that had Defendant correctly treated Plaintiff, his cancer, which was determined to be a slow-growing cancer, would have been able to be detected and treated with micrographic surgery and Plaintiff would have avoided amputation. Plaintiff contended that as a result of the cancer going undetected, there is a reasonable medical probability that Plaintiff will suffer metastasis and die prematurely.

DEFENDANT'S CONTENTIONS:
Defendant claimed that his treatment of Plaintiff's finger met the standard of care.

Settlement Discussions

Defendant made a CCP 998 offer of $20,000.

Injuries

Amputation of finger and risk of recurrence of cancer.

Result

Plaintiff's verdict for $150,000 ($50,000 past pain and suffering; $100,000 future medical)

Other Information

FILING DATE: July 14, 2010.

Deliberation

two days

Poll

9-3 (in favor of medical negligence against Dr. Aronowitz)

Length

eight days