Vaughn Jones, Darin Jones v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group
Published: Apr. 6, 2002 | Result Date: Nov. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: DUM0002353 Arbitration – $0
Court
Case Not Filed
Attorneys
Plaintiff
Michael B. Horrow
(Donahue & Horrow LLP)
Defendant
Michael J. Trotter
(Carroll, Kelly, Trotter & Franzen)
Experts
Plaintiff
Jeffrey Salberg
(medical)
Malin R. Dollinger
(medical)
Defendant
Eduardo Anorga
(medical)
Edward F. McClay
(medical)
Facts
The claimant, a 40-year-old male, had a history of seizure disorder, and presented to Kaiser in November 1998,
complaining of an unusual lesion on his upper outer arm. He returned to Kaiser in June 1999 at which time he
was evaluated by a family practice resident who applied liquid nitrogen to the lesion. The claimant continued
to complain of the lesion in August and September 1999 to a neurologist he treated with at Kaiser.
Ultimately, on Dec. 2, 1999 a shave biopsy was performed which revealed that the claimant had nodular
melanoma that was 2.5 mm in depth. A sentinel node biopsy performed a few weeks later revealed one positive
node with a focus of melanoma cells approximately 0.2 centimeters in diameter. A subsequent lymph node
dissection revealed that all sixteen nodes were negative.
The claimant underwent Interferon treatment. Approximately one year later, in February
2001, a CT performed on the claimant revealed tiny bilateral pulmonary metastasis. At that
point, the claimant was diagnosed with State IV metastatic melanoma with a 10-20% chance of a
five year survival.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $500,000.
Damages
$800,000 in loss of earnings and loss of household support and $500,000 for pain, suffering and loss of consortium.
Other Information
<A>An arbitration was held before Justice William L. Todd, neutral arbitrator; Daniel M. Hodes, claimantÆs arbitrator and Gregory M. Hulbert, respondentÆs arbitrator. The arbitrators found that the Kaiser family practitioner resident fell below the standard of care in June 1999, but found in favor of Kaiser on the issue of causation. RespondentÆs causation expert, Dr. Edward F. McClay testified that the metastasis to the lungs occurred as early as 1997, more then four years before it was detected on CT scan.</A>
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