Alicia Ledesma, David Ledesma v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Southern California Medical Group
Published: Jan. 7, 2003 | Result Date: Nov. 4, 2002 | Filing Date: Jan. 1, 1900 |Case number: DUM0002511 Arbitration – $1,098,730
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Russell M. Mortyn
(Gordon & Rees LLP)
James J. Wallace
(LaFollette Johnson De Haas Fesler & Ames APC)
Experts
Plaintiff
Ned Chambers
(medical)
Daniel Powers
(medical)
Hilbert Chu
(technical)
Jeffrey Silverman
(medical)
Elizabeth Holakiewicz RN
(medical)
Marcus Contardo
(medical)
Harvey A. Kalan
(medical)
Defendant
Dan Andrus
(medical)
David B. Sievers
(medical)
Frank Manning
(medical)
Antone Salel
(medical)
Brian Datnow
(medical)
Vincent M. Ricchiuti
(medical)
Facts
In April, 1999, the claimant, a 45-year-old female, experienced abdominal pains and she went to the respondents hospital for treatment. She was diagnosed with irritable bowel syndrome. Notwithstanding medications, the symptoms continued and her condition worsened. The claimant reported back to the hospital on Feb. 1, 2000 and complained of weight loss, rectal bleeding and changes in her bowel movements. There was a second diagnosis of irritable bowel syndrome. On Feb. 26, 2000, she reported to the emergency room in severe pain. Abdominal X-rays were taken which showed a gas stool pattern. There was further unexplained weight loss and anemia. She was given narcotics to relieve the pain. Two days later, the claimant telephoned Kaiser and informed them of her continuing pain and she requested their advice. The earlier abdominal films were checked and there was a finding of an enlarged liver. A CAT scan was ordered the next day but this was not undertaken until March 27, 2000. The radiologist concluded that there was diffuse fatty infiltration of the liver but no hepatic metastases were seen. The scan also revealed an abnormal wall thickening in the colon which was indicative of a malignancy, which was not noticed by the radiologist. The diagnosis of irritable bowel syndrome remained unchanged and remained the diagnosis throughout numerous further visits for the remainder of the year 2000. She continued to be treated for that condition. On July 24, 2001, the claimant went again to the emergency room of the defendant's facility with severe pain and rectum bleeding. The emergency room physician suspected colitis and referred her to a gastroenterologist. A sigmoidoscopy was then performed. A large mass was discovered in the colon in the same place where the March 2000 CAT scan had shown an abnormality of the colon wall. A biopsy revealed that the mass was a tumor. A surgery for the removal of the tumor was performed on Feb. 6, 2001. The claimant and her husband were later advised that the metastic bowel cancer had spread to the liver and that she had no more than two years of life expectancy.
Settlement Discussions
The claimant-patient submitted a demand of $750,000, including wrongful death claim, which was subsequently raised to $1.1 million, The claimant-husband submitted a demand of $249,000 by way of C.C.P. Section 998. The respondents tendered an offer, to include the wrongful death claim, of $550,000 in total.
Damages
The claimant, the mother of three children (ages 20, 18 and 14) has metastatic bowel cancer which has spead to the liver. Her lifespan is merely a few months. She alleged damages of $1.7 million, which includes loss of income, future care costs and general damages. Her husband claimed loss of consortium.
Result
Arbitrator Alfred Lord returned a binding award of $1,098,732 made up as to $598,732 economic loss; $250,000 pain and suffering and $250,000 loss of consortium.
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