Facts

Kimberly Hecko and Joan Peterson sued Palo Alto Foundation Medical Group Inc. in connection with its alleged failure to diagnose cancer.

PLAINTIFFS' CONTENTIONS:
In January 2012, plaintiff Hecko presented to defendant with complaints of abdominal pain, which was one of the early signs of ovarian cancer. Though her abdominal ultrasound and CA-125 test were abnormal, her gynecologist assured her that she did not have ovarian cancer. She returned in March and was again reassured by her gynecologist that she did not have ovarian cancer. As such, plaintiff did not return to see a doctor for abdominal pain until February 2013 when she suffered from ongoing pain, coupled with fever. Plaintiff was subsequently diagnosed with cancer in her ovaries that had spread to other parts of her body, including her colon and pelvis. Plaintiff sued defendant for failing to diagnose her cancer, constituting medical practice. Plaintiff claimed that a repeat of a certain test, the CA 125 test, which was not performed, would have raised a reasonable suspicion of cancer. Plaintiff claimed that she likely would have been cured had her cancer been diagnosed earlier. Consequently, she faced a shorter life expectancy.

DEFENDANT'S CONTENTIONS:
Defendant contended that a repeat test was not required under the standard of care. Two pelvic ultrasounds in January and March were normal. This high-grade serous carcinoma likely disseminated from a Fallopian tube and initially manifest as Stage III disease.

Settlement Discussions

Plaintiffs made a CCP 998 demand of $1.25 million, which defendant countered with a waiver of costs.

Damages

Hecko sought $665,000 in past and future lost wages. Her spouse sought loss of consortium damages. They also sought an unspecified amount in noneconomic damages.

Injuries

In 2013, Hecko was diagnosed with ovarian cancer, Stage IIIC. She was in remission until mid-2015 following surgery and chemotherapy. Then, her CA 125 level became elevated again and she underwent additional surgery in late 2015. She also underwent radiation therapy and chemotherapy.

Result

The jury rendered a defense verdict.

Other Information

FILING DATE: May 19, 2014.