Mariana Romano, Alberto Romano v. Jay Tassin
Published: Jul. 9, 2005 | Result Date: Apr. 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC257558 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Carlos Perez
(medical)
Richard H. Nalick
(medical)
Defendant
Keith Klein
(medical)
Jeffrey A. Glick
(medical)
Jay Tassin
(medical)
Alam N. Mehdi Syed
(medical)
Facts
The 68-year-old decedent was diagnosed with cervical cancer in June 1996, necessitating radiation treatment of the peri-aortic nodes in the pelvis and abdomen. Dr. Tassin designed the radiation field so that the entire right kidney and one half of the left kidney received radiation. Dr. Tassin was aware that the radiation dose exceeded the tolerance dose regarding the kidneys. After the decedent completed her radiation treatment in December 1996, Dr. Tassin instructed her to follow-up on a quarterly basis with him in order to be evaluated for potential side effects. Decedent did not follow up until January 2000, when she developed recto-vaginal fistula from the radiation. She was hospitalized for repair of the fistula had a colostomy performed. She was diagnosed with radiation nephropathy. On March 30, 2000, she was discharged from the hospital and was instructed to follow-up with her renal consultant for renal monitoring, which she failed to do. On June 8, 2000, patient became ill and was sent to the emergency room. The initial diagnosis was renal failure. She died the following day. The death certificate listed the cause of death as cardio-respiratory arrest due to renal failure.
Settlement Discussions
The plaintiff demanded $150,000. The defendant offered $29,999.99.
Damages
The plaintiff asked for $3000 for funeral expenses.
Result
Defense.
Deliberation
six hours
Poll
12-0
Length
10 days
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