Confidential
Settlement – $350,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Roy L. Herndon
(medical)
Wayne H. Lancaster
(technical)
Frank Meyskens
(medical)
Joel Sercarz
(medical)
Steven Armentrout
(medical)
Defendant
Ted Vavoulis
(technical)
Catherine Campion
(medical)
Eric Waki
(medical)
David Plotkin
(medical)
Facts
On Jan. 9, 1994, the plaintiff, a 42-year-old loan service officer, presented to the defendant medical facility's walk-in clinic complaining of a swollen gland on the right side of her neck, under her jaw (for over two months), ear pain and dizziness. The walk-in doctor placed the plaintiff on amoxicillin. On Jan. 13, 1994, the plaintiff saw her primary care physician, the defendant doctor. The plaintiff contended (and the defendant disputed) that she again complained of the swollen gland and expressed her concerns over the length of time the gland had been swollen. The defendant doctor allegedly told her that was not unusual, prescribed some ear drops, advised her to continue with the amoxicillin, and sent her home. The doctor contended (and the plaintiff disputed) that he told the plaintiff to come back if the problem persisted. On Jan. 26, 1994, the plaintiff saw the defendant doctor again and he noted that the plaintiff had adenopathy present on the right side, as well as on the left. On March 21, 1994, the plaintiff presented to the defendant medical facility for an OB/GYN appointment and again complained of the swelling of her gland, although her complaint was not charted. On Nov. 15, 1994, the plaintiff presented to the defendant medical facility's walk-in clinic again complaining of swollen glands, on both sides, and that the swelling had increased in size, and she now had pain in her left ear. On Nov. 17, 1994, the plaintiff returned to the defendant doctor's office and he referred her to a general surgeon who again placed the plaintiff on antiobiotics and ordered her to return in two weeks. On Dec. 13, 1994, she returned to the general surgeon, who did not perform a biopsy, but who again placed her on antibiotics. On Jan. 6, 1995, the plaintiff returned to the defendant doctor about her glands. The defendant doctor prescribed more antiobiotics and told her to return in one month. On Feb. 3, 1995, the plaintiff returned to the defendant doctor's office, complaining of swelling of her glands. On March 27, 1995, she again went to the defendant doctor's office for a re-check. At that time, laboratory work was ordered and she was finally referred to an otolaryngologist for biopsy, which was performed on May 3, 1995. It revealed bilateral squamous cell carcinoma. On May 6, 1995, an MRI was then performed, revealing extensive adenopathy. On May 15, 1995, the ENT performed bilateral cervical lymphadenectomies, direct laryngoscopy with biopsies, esophagoscopy and bilateral tonsillectomy. The plaintiff was diagnosed as suffering from stage four bilateral metastatic squamous cell carcinoma with unknown primary. Thereafter, the plaintiff began seven weeks of radiation treatment. Her cancer had since recurred. The plaintiff brought this action against the defendants based on medical malpractice and negligence theories of recovery.
Settlement Discussions
There were no settlement discussions prior to trial.
Specials in Evidence
collateralized $_________ $180,000 (assuming five-year work-life) to $360,000 (assuming 10-year work-life)
Injuries
The plaintiff claimed failure to diagnose cancer for 16 months, resulting in a shortened life-expectancy.
Other Information
This matter settled after motions in limine were heard and just prior to jury selection.
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