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CONFIDENTIAL

Sep. 11, 1993

Personal Injury (Non-Vehicular)
Medical Malpractice
Failure to Diagnose Cancer

Confidential

Settlement –  $975,000

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Sean M. Burke
(Burke Argos)

Eric F. Yuhl
(Yuhl Carr LLP)


Defendant

Mary E. Porter


Facts

In March and April of 1992, Plaintiff, a 36-year-old buyer with I. Magnin and a mother of two minor children, consulted on three occasions with Defendant internist for non-specific cough symptoms. Defendant internist prescribed medication, performed three series of chest X rays, and diagnosed Plaintiff as having bronchitis. Plaintiff's condition improved with medication, and she did not see Defendant doctor again for the cough symptoms. However, nine months later the cough symptoms returned, at which time Plaintiff's new internist obtained the previous X rays taken by Defendant doctor. Based upon a suspicious density seen in those films, a CT scan of the chest was ordered, at which time Plaintiff's inoperable lung cancer was diagnosed.

Settlement Discussions

Plaintiff contends she demanded $1,000,000 and Defendant offered $900,000.

Specials in Evidence

collateralized $45,000 yearly collateralized

Injuries

Inoperable lung cancer, which has metastisized, leaving Plaintiff with a 6-month remaining life estimate.


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