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CONFIDENTIAL

Apr. 25, 2002

Personal Injury (Non-Vehicular)
Professional Negligence
Medical Malpractice

Confidential

Settlement –  $550,000

Court

Confidential


Attorneys

Plaintiff

Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)

Penelope A. Phillips
(Kenneth M. Sigelman & Associates)


Facts

The plaintiff, a 57-year-old school teacher, presented at the defendant medical clinic for a routine physical in
September 1998, a PSA test revealed a score of 234, which is grossly elevated.
The defendant failed to advise the plaintiff of the result of the test. Two years later, the plaintiff returned for
another physical. At this time his prostate was found on a physical examination to be enlarged. A repeat PSA
showed a value of approximately 6000.
The plaintiff was found to have inoperable prostate cancer, with metastases to his bones
throughout his axial skeleton, including his skull. The plaintiff has continued to teach up to the
date of the settlement.

Settlement Discussions

The plaintiff submitted a demand of $750,000. The defendant countered with an offer of $200,000.

Specials in Evidence

Paid by collateral source In excess of $500,000 Disputed None claimed

Injuries

The spread of prostate cancer with virtually zero probability of a cure.

Other Information

<M>A mediation was held before retired judge Anthony Joseph.</M>


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