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CONFIDENTIAL

Jun. 5, 2001

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $150,000

Judge

F. Latimer Gould

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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