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Personal Injury
Medical Malpractice
Wrongful Death

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

Haig Kehiayan

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

David L. Margulies


Defendant

N. Denise Taylor
(Taylor DeMarco LLP)

Robert A. Madison


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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