Facts

Plaintiff Billy Pritchard was diagnosed with gastric cancer by Drs. Gabriel and Taylor in April 2003. The cancer was at a very early stage. He was referred to defendant Dr. Rau who performed a partial gastrectomy in May 2003. At the time of the surgery, obvious cancer was unable to be localized, either by defendant Rau or by the pathologist at surgery. The surgeon elected to close the patient and have him subsequently undergo further evaluation. In July 2003, a repeat endoscopic procedure and biopsy confirmed that the cancer was still present. Pritchard refused second surgery by defendant Rau and underwent a second surgery at City of Hope. That surgery required total gastrectomy. The plaintiff contended that defendant Dr. Rau did not understand the appropriate location of the cancerous lesion and when he did not find a lesion, he should have further explored until the lesion was found.

Plaintiff Gloria Pritchard had a claim for loss of consortium.

Defendant Dr. Rau contended that the cancer was very superficial; that he had operated at the location where the cancer was identified by treating gastroenterologist; and, Dr. Rau only had consent for a partial gastrectomy prior to surgery. The defendant further contended that the location of the cancer required total gastrectomy, which was eventually done at City of Hope.

Settlement Discussions

The plaintiffs demanded $225,000 which was reduced to $200,000 at commencement of trial. The defendant made a C.C.P. Section 998 offer of $125,000.

Injuries

Total gastrectomy and necessity of second surgery.

Result

Defense verdict. The plaintiffs waived motion for new trial and right of appeal in return for waiver of cost bill.

Other Information

PLEASE PROVIDE THE NAME OF THE JUDGE

Deliberation

two days

Poll

9-3 (in favor of plaintiff on liability), 10-2 (in favor of defendant - no causation)

Length

seven days