Peggy Tomasick; Kenneth Lotta v. Harold M. Cohen, M.D.
Published: Mar. 26, 1998 | Result Date: Feb. 23, 1998 |Case number: PC017441 Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
N. Denise Taylor
(Taylor DeMarco LLP)
Facts
On July 10, 1989, decedent Esther Lotta, then a 58-year-old woman with mild schizophrenia, began treatment with defendant Dr. Harold Cohen. At that time, she was accompanied by her daughter and legal conservator, plaintiff Peggy Tomasick. On the first visit, she had a breast examination which revealed an inverted nipple. A mammogram was ordered which was reported as benign. The decedent continued to treat with the defendant doctor for the next 4+ years, during which time no further breast examinations were performed or mammograms ordered. On Nov. 10, 1993, the decedent came to the office, accompanied by her daughter, with a history of bleeding from the left nipple for approximately one year. A breast examination revealed abnormalities suspicious for cancer, and a mammogram performed was highly suspicious for cancer of the left breast. Referral to a surgeon was made, and the decedent subsequently was evaluated by two different surgeons who recommended mastectomy with follow-up chemotherapy. The decedent refused treatment from the time of diagnosis to the time of her death on Aug. 6, 1995. The plaintiffs, the decedent's children, brought this wrongful death action against the defendant based on medical malpractice and medical negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $124,675. The defendant made a C.C.P. º998 offer of compromise for $29,999.
Damages
The plaintiffs claimed loss of comfort and society.
Injuries
Death of a mother.
Other Information
The verdict was reached approximately one year and nine months after the case was filed.
Deliberation
one day
Poll
11-1
Length
11 days
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