Linda Goltz v. John H. Ellyson, Margaret A. MacLeod, MarianneLa Pointe
Published: May 4, 2004 | Result Date: Jan. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CV2702 Verdict – $0
Judge
Court
Amador Superior
Attorneys
Plaintiff
Defendant
John J. Sillis
(Zaro & Sillis)
Experts
Plaintiff
Wende Rehwald
(medical)
Scott T. Green
(The Green Law Group LLP)
(medical)
Joyce Eaker
(medical)
Jay Owens
(medical)
Defendant
Peter C. Richards
(medical)
Henning Mehrens
(medical)
Facts
In October 2000, Linda Goltz, 51, sought care with Marianne LaPointe, a family nurse practitioner/physician assistant, in a breast cancer early detection program. Goltz had discovered a lump in her left breast two months prior to the visit. Goltz reported a positive family history of breast cancer. LaPointe palpated a 3 cm mobile lump in Goltz's left breast. No asymmetry was appreciated and a mammogram and ultrasound were ordered. The mammogram revealed a 3 cm complex cyst in the left breast. Aspiration was recommended by a radiologist. LaPointe referred Goltz to John Ellyson, a general surgeon. On her visit to Ellyson in November 2000, 9 cc of bloody fluid was aspirated from the cyst. The fluid was not sent for cytologic analysis. Instead, Ellyson advised Goltz to return if the mass recurred. After several rescheduled appointments, Goltz met with LaPointe at which time the results of the mammogram were discussed. LaPointe informed Goltz that a less than 1 cm lump in the left breast was found which LaPointe diagnosed as a hematoma. LaPointe indicated that no cancer was found. Goltz was cautioned that she should monitor the lump for growth. In June 2001, Goltz sought treatment for the mass with another provider. The mass had increased to the size of a lemon. Another aspiration was performed which produced 55 cc's of bloody fluid. In August, the cyst was again aspirated and no malignant cells were identified. Goltz was scheduled for an excisional biopsy. Fluid obtained at that time revealed atypical cells consistent with small cell carcinoma. An immediate left modified radical mastectomy with axillary node dissection was performed on September 13. All nine lymph nodes were negative and Goltz was designated as T2 (tumor invades muscular propia), NO (no regional lymph node metastasis), MO (no distant metastasis), State II. She underwent a course of chemotherapy and breast reconstruction. Goltz sued Ellyson and LaPointe, alleging medical malpractice. Goltz also brought a respondeat superior cause of action against LaPointe's employer, Margaret MacLeod, a family practitioner.
Settlement Discussions
The plaintiff demanded $175,000 to all defendants; $25,000 to MacLeod and LaPointe immediately before trial. The defendants offered waiver of costs from MacLeod and LaPointe.
Injuries
Nine month delay in diagnosis of cancer leading to a mastectomy.
Result
Defense verdict
Deliberation
45 minutes
Poll
12-0 (no negligence as to Ellyson and La Pointe)
Length
nine days
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