Confidential
Settlement – $975,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Sean M. Burke
(Burke Argos)
Eric F. Yuhl
(Yuhl Carr LLP)
Defendant
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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