Confidential
Settlement – $1,800,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Steven A. Heimberg
(Heimberg Barr LLP)
Defendant
David J. O'Keefe
(Bonne Bridges Mueller O'Keefe & Nichols)
Facts
On April 20, 1994, the plaintiff, a 47-year-old corporate executive, went to the defendant dermatopathologist, with a lesion on his right ear. The defendant dermatopathologist performed a biopsy on the lesion, read the slides and diagnosed the plaintiff as having a squamous cell carcinoma. The defendant dermatopathologist treated the lesion with cryosurgery. The lesion did not heal. On June 30, 1994, the plaintiff self-referred to an ENT specialist. The ENT was concerned that the poor healing might represent a persistent tumor and ordered a second biopsy. The second biopsy was performed on July 8, 1994, and demonstrated a cutaneous T-cell lymphoma. The plaintiff underwent a staging procedure to determine the extent of the spread of the cancer, which was found to be Stage I (localized) as of July 15, 1994. He was treated with chemotherapy, which initially appeared to be successful. After several doses of chemotherapy, skin lesions were found on the plaintiff's trunk. The plaintiff thereafter failed all conventional therapies, including chemotherapy, radiation and a bone marrow transplant. The plaintiff brought this action based on negligence theories of recovery.
Settlement Discussions
The plaintiff demanded $4,000,000. The defendant offered $500,000 on the day of trial.
Specials in Evidence
$250,000 (for which collateral sources existed) Were contested but not disclosed. The plaintiff had made substantial earnings as a corporate executive but had resigned from his position prior to the recurrence of his lymphoma
Injuries
Future demise of plaintiff; and side effects of cancer treatment, including necrosis of both hips and burns over much of his body.
Other Information
The settlement was reached approximately seven months after the case was filed.
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