Confidential
Settlement – $85,000Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Maclyn E. Wade
(medical)
Melvin Krause
(medical)
Roy L. Herndon
(medical)
Steven Armentrout
(medical)
Defendant
Michael Mutch
(medical)
Robert A. Kahn
(Kahn Roven LLP)
(medical)
John A. Glaspy M.D.
(medical)
Michael Waldman M.D.
(medical)
Gregory P. Sarna
(medical)
Marvin Corman
(medical)
Facts
On July 13, 1994, plaintiff was evaluated by defendant A, a family practitioner, for diarrhea which she had had for several months, since two or three months after she migrated from Egypt. His "new patient" medical record, consisting of 15 words and no diagnosis, revealed that he never took of the history which is usually required to figure out the cause of chronic diarrhrea. It was documented no physical examinations ordered and performed no rectal examination. He prescribed an antidiarrheal agent and no follow up appointment. The defendant A claimed that the plaintiff had no formal appointment, but came along to an appointment for her mother, and that he charged her nothing for the visit. After six to eight weeks, the plaintiff claimed that she noted rectal bleeding and returned to see defendant A, who again did not test and prescribed symptomatic medication. Defendant A denies that this visit ever took place, and his medical record for the plaintiff recored no such visit. Six months later, the plaintiff began to lose weight. In July 1995, she sought a second opinion with defendant B, another family practitioner. Defendant's B's chart shows that the plaintiff complained of diarrhea and weight loss. His note for the single visit on July 3, 1995, shows every element of an extensive physical examination, but shows no rectal examination. Defendant B ordered stool specimens for culture, but did not test the stool for blood. The stool culture revealed an infectious agent, Shigella flexneri, which may or may not cause symptoms. Defendant B thought he found a mass in the left ovary, and referred the plaintiff to defendant C, a Gynecologist. Defendant B never gave the plaintiff a return appointment. The plaintiff had an iron deficiency anemia on blood count, but defendant B did not inform her of this or evaluate the cause. The gynecologist did a pelvic examination, allegedly including a rectal examination, and found no pathology. He asked the plaintiff to return a year later for checkup. Reassured by two more doctors' lack of concern for her continuing diarrhea, intermittent bloody stools, and weight loss, plaintiff resolved to continue her antidiarrehal medicaitions and to stop complaining. The bleeding became more severe, again she sought another opinion, finally with a gatroenterologist. On May 16, 1996, the gastroenterologist did a rectal examination at which time he found a mass in the recturm, just inside the anus, and clearly within the reach of any finger performing a rectal examination. The mass proved to be a rectal cancer which had spread to abdominal lymph nodes.
Settlement Discussions
The initial offers were zero up until several weeks before trial. Just prior to trial, defendant A offered $55,000 and defendant B offered 29,000 were accepted.
Injuries
The plaintiff suffered from severe bleeding due to the delay diagnosis of rectal cancer.
Other Information
The settlement was reached approximately one year and 10 months after the case was filed.
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