Irene Turnham v. Paul Anderson, M.D.
Published: Dec. 19, 1998 | Result Date: Oct. 29, 1998 | Filing Date: Jan. 1, 1900 |Case number: 132421 Verdict – $300,000
Judge
Court
Shasta Superior
Attorneys
Plaintiff
Eric M. Abramson
(Abramson Smith Waldsmith LLP)
Defendant
Experts
Plaintiff
Michael D. Lagios
(medical)
Myron Marx M.D.
(medical)
Lawrence P. White
(medical)
Defendant
Judith Luce
(medical)
Noel Weidner
(medical)
Frederick Margolin
(medical)
Facts
On Dec. 5, 1994, plaintiff Irene Turnham, a 37-year-old nurse, underwent a bilateral screening mammography. Defendant Dr. Paul Anderson read the film as normal, despite an abnormal density in the right breast. Eight months later, the plaintiff was found to have a 3.5 centimeter malignant breast tumor. The plaintiff brought this action against the defendant based on a medical negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendant made no offer.
Injuries
A 1 centimeter malignant breast cancer tumor grew to 3.5 centimeters, and metastasized to axillary lymph nodes.
Other Information
The verdict was reached approximately two years and six months after the case was filed. A settlement conference held on Sept. 21, 1998, before Judge Jack Hatpin, failed to resolve the matter.
Deliberation
five hours
Poll
10-2
Length
seven days
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