Confidential
Settlement – $200,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Jeffrey G. Keane
(Kramer, deBoer & Keane)
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Roy L. Herndon
(medical)
David A. Margileth
(medical)
Terry L. Globerson
(medical)
Raymond Berke
(medical)
Defendant
Arnold Geller
(medical)
Thomas W. Broderick
(medical)
Raymond J. Casciari
(medical)
James Padova
(medical)
Facts
On Feb. 6, 1992, in preparation for arthroscopic knee surgery, a routine pre-operative chest x-ray was done and read by the defendant radiologist as showing a rounded density in the base of the decedent's left lung. No recommendations were made for follow-up imaging studies. The report forwarded to the defendant internist/cardiologist, the decedent's treating physician. In September 1992, the decedent developed minor chest pain. The defendant internist, scheduled her for a coronary angiogram. A routine pre-operative chest film was done and read by the defendant radiologist. He described that the lesion seen seven months earlier had probably increased in size and questioned whether this represented a mass lesion. His report was duly forwarded to the defendant internist. No follow-up studies were ordered. In early 1994, the decedent developed shortness of breath. She saw the defendant internist several times for this. In April 1994, follow-up chest x-rays and CT scan revealed widespread metastatic lung cancer. The plaintiffs brought this action against the defendants based on medical negligence and malpractice theories of recovery. On Aug. 27, 1994, the 72-year-old decedent died of lung cancer, leaving behind the plaintiffs six adult financially emancipated children and a husband of 55 years.
Settlement Discussions
The settlement discussion were not disclosed.
Specials in Evidence
$________ $________
Damages
The plaintiffs claimed loss of social security benefits in the amount of $5,000 annually, and loss of household services of approximately $350,000 per plaintiff.
Injuries
Death of wife/mother.
Other Information
The settlement was reached approximately one year after the case was filed. A settlement conference was held on Oct. 7, 1996 before Judge ______ Rich of Riverside Superior Court resulting in the reported settlement.
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