Lorraine Schwartz v. CNA Insurance Company of Newport Harbor Radiology, et al.
Published: Mar. 23, 2002 | Result Date: Jan. 23, 2002 | Filing Date: Jan. 1, 1900 |Case number: 01CC06070 Verdict – $255,250
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Yuri R. Parisky M.D.
(medical)
Michael B. Van Scoy-Mosher M.D.
(medical)
Defendant
Frank Stockdale
(medical)
Patricia Sacks
(medical)
Facts
A 52-year-old real estate agent, earning $85,000 annually, had a family history of breast cancer (mother died at
age 50) and began annual screening mammography at Newport Harbor Radiology Group in 1990. Her yearly
mammograms were read as negative until Oct. 4, 1999, when increased micro-calcifications and an abnormal
asymmetric density were noted in the upper outer quadrant of the left breast. A follow-up ultrasound and focal
compression view was recommended.
The plaintiff returned three days later, but the radiologist, Dr. Thomas, did not perform focal compression
views as recommended, instead, performing additional cranio-caudad and medial lateral views from a slightly
different angle. Those films were read as normal by Dr. Thomas as was the ultrasound. Follow-up yearly
screening mammography was recommended. The plaintiff did not have any palpable mass at this time, nor any
other breast complaint.
The plaintiff returned in December 2000, for her screening mammogram. That study was
interpreted by non-defendant Catherine Cook, M.D. of Newport Harbor Radiology as markedly
abnormal. Needle aspiration was positive for malignancy and a left mastectomy was performed
in January of 2001. The plaintiff had 24 of 30 nodes positive with poorly differentiated
adenocarcinoma. Her treating oncologists (City of Hope) opined her chances of surviving two
years were approximately 10 percent to 20 percent.
Damages
Diminished five year survival from 90 percent to 20 percent due to delay in diagnosis. Economic loss to age 65 of $1.1 million and $250,000 non-economic damages.
Result
Verdict for the defense.
Other Information
After jury selection, jury was waived by both sides. The court issued a statement of decision finding all defendants were within the applicable standard of practice in evaluating the mammograms although this was a tragic case, since Mrs. Schwartz appeared promptly for her annual mammography. The court also excluded a defense expert, pathologist Lowell Rogers, M.D., a specialist in breast pathology who evaluated the pathology slides.
Length
12 days
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