Facts

Carmen Butler underwent radiation therapy for breast cancer with oncologist John Gebert at the Turlock Regional Cancer Center. After discontinuing therapy, she began having pain in her breast. She filed suit against Butler for malpractice.

PLAINTIFF'S CONTENTIONS:
Plaintiff explained that there are two types of machines used for breast cancer radiation treatments: one has 4 million volts; the other has 6 million volts. She claimed that defendant had failed to realize that he should have used the more powerful machine on plaintiff, due to her large breasts. She argued that the volt distribution in her breast was uneven because defendant had used the less powerful machine, and although defendant was aware of the problem he did nothing to correct it.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff had always been aware of the uneven voltage distribution in her breast. He alleged that plaintiff had chosen to receive treatment from he less powerful machine because she did not want to travel the longer distance to a different cancer center that had the more powerful machine. He also argued that there was no evidence treatment with the more powerful machine would have yielded better results.

Settlement Discussions

Plaintiff made an informal demand for $300,000.

Specials in Evidence

Plaintiff sought $150,000 in lost past and future earnings.

Damages

Plaintiff demanded $250,000 for her pain and suffering.

Injuries

Plaintiff suffered redness, hardness, and swelling in her breast, as well as chest pain. Her insurance paid for her bilateral mastectomy later.

Result

The jury found for the defense.

Other Information

The cancer center settled for an undisclosed amount prior to trial. Defendant filed a final cost bill.

Deliberation

one day

Poll

12-0

Length

two weeks