Confidential
Settlement – $150,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Dennis K. Ames
(La Follette, Johnson, DeHaas, Fesler & Ames)
Facts
The decedent underwent mammograms on June 9, 1994 and Aug. 7, 1995. Both were read by the defendant as
showing no evidence of cancer. In December 1995, the decedent found a lump on breast self examination.
Biopsy revealed infiltrating ductal carcinoma. Clinically, the mass was 4 cm in size. Breast-conserving surgery
was not an option, so she was given neo-adjuvant chemotherapy. This reduced the size of the primary tumor to
1.8 cm.
She was found to have one metastatic lymph node at lumpectomy. She underwent chemotherapy from March to
July 1996, followed by radiation therapy. In 1998, the decedent was diagnosed with bony metastasis. In spite
of aggressive treatment, she succumbed on Jan. 25, 2001.
The plaintiff, the decedentÆs adult son, brought this wrongful death action against the defendant.
Settlement Discussions
The plaintiff demanded $225,000. The defendant offered $100,000.
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