Norma M. Casey and John P. Casey v. Joshua Cohen, M.D., et al.
Published: Jan. 27, 1996 | Result Date: Nov. 17, 1995 | Filing Date: Jan. 1, 1900 |Case number: 677351 – $0
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald Citron
(medical)
Eugene R. Sollman
(medical)
Defendant
Paul M. Goldfarb
(medical)
Steven Russo
(medical)
Facts
The plaintiff wife, Norma Casey, a 60-year-old medical assistant, was treated by the defendant, Joshua Cohen, M.D., from August, 1989, through May 14, 1991. The plaintiff wife had a prior history of breast cancer from 1984, which was treated by a lumpectomy and radiation. Dr. Cohen was aware of this history but did not recall receiving the plaintiff wife's prior medical records. The charting entry from the plaintiff wife's last visit with Dr. Cohen on May 14, 1991 noted that she reported a lump under her arm. Dr. Cohen identified a "skin tag." The plaintiff wife was lost to follow-up. The plaintiff wife denied she received reminder cards for follow-up with Dr. Cohen. In April, 1992, eleven months later, the plaintiff wife began gynecological care with another defendant doctor at the defendant medical center. The other defendant doctor treated the plaintiff wife through April, 1993. The other defendant doctor's first notation regarding a lump was in June, 1992, when the plaintiff wife reported that a left axillary lump which had been present for years had increased in prominence. The other defendant doctor assessed a probable epidermal inclusion cyst. The plaintiff wife consulted with yet another defendant doctor in July, 1993, and was subsequently diagnosed with breast cancer. There were positive lymph nodes. The plaintiff wife and plaintiff husband brought this action based on negligence and loss of consortium theories of recovery, respectively.
Settlement Discussions
There was no settlement demand. The defendant, Dr. Cohen, offered $5,000. The other defendant doctors and defendant medical center settled with the plaintiffs prior to trial.
Injuries
The plaintiffs claimed general damages for pain and suffering from the treatment including pain, hair loss, nausea, vomiting, fear of possible recurrence and shortened life span. The plaintiff wife's breast cancer was treated with surgery, radiation, chemotherapy and follow-up care.
Other Information
The verdict was reached approximately one year and six months after the case was filed. The plaintiff wife testified that she had some residual breast pain, continued depression and sleeplessness. The plaintiff husband testified that because of his wife's condition, they could not travel together, go out in the evenings together as they did prior to her illness or baby-sit their grandchildren over a weekend as they had previously done. He also testified that he took on additional household responsibilities such as vacuuming, dusting, making beds, cleaning windows, cleaning floors and making breakfast and dinner.
Deliberation
2 hours
Poll
12-0 (liability)
Length
4 days
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