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CONFIDENTIAL

Mar. 20, 2001

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $575,000

Court

Confidential


Attorneys

Plaintiff

Richard T. Lobl

Michael M. Berger
(Manatt, Phelps & Phillips LLP )


Facts

Prior to 1994, the patient had no significant past medical history and was in good health. However, in early
November 1994, the patient noticed a few moles on his neck and chest area which immediately prompted a
visit to the defendant, a dermatologist. The defendant evaluated the patient and then removed the moles in
question. The defendant informed the patient and his wife that the moles were non-malignant basal cells, that
he had nothing to worry about in the future with respect to these moles, and no further follow-up was
prescribed by the defendant physician.
In the summer of 1996, the patient again noticed a mole on his neck area in the same location as it had
previously been in 1994. This time, the patient contacted his primary physician, but due to his health care
plan/managed care, it was weeks before the patient could arrange for an appointment.
Thereafter, the patientÆs primary care physician contacted the defendant to inquire of the pathology report
regarding the moles which had been removed some years earlier. Thereafter, the patient again informed that the
prior pathology was benign and that he had nothing to worry about. After several months, the patient was still
concerned about the growth and wanted it removed.
Due to no fault of the patient, this procedure was put off until April. Two weeks later, the pathology report
indicated that the growth was malignant. Thereafter, despite treatment for the cancer, the patient died on Oct.
20, 1998, at the age of 43.

Other Information

The matter was resolved prior to any expert witness designation occurring.


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