Byung Rock Choe v. UCSD Medical Center, Regents of the University of California, David Kapelanski
Published: Jul. 30, 2005 | Result Date: May 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIC812685 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
E. Carmack Holmes
(medical)
Defendant
Douglas E. Wood
(medical)
Facts
On April 23, 2002, the plaintiff, Dr. Byung Rock Choe, went to UCSD Medical Center for further evaluation of suspicious, bilateral lung nodules that had been detected on prior chest x-rays and a CT scan. The plaintiff underwent a through work-up and it was confirmed that he had bilateral, upper-lobe lung nodules that were suspicious for malignancy. The defendant, Dr. David Kapelanski, performed surgery on June 21, 2002. The pathology findings, during and after surgery, indicated that the nodules were both benign, consisting of a granuloma in the right lung and scar tissue in the left lung. After surgery, the plaintiff developed a pleural effusion in his left lung, which is a known complication of the surgery. At his last outpatient visit with Dr. Kapelanski, the pleural effusion appeared to be resolving and the patient was scheduled to return in two months. Dr. Choe did not return to UCSD, and instead went to the UCLA Medical Center, where a CT scan revealed that the nodule in the left upper lobe was still present. A biopsy revealed that he had lung cancer. He subsequently underwent surgery consisting of a thoracostomy and lobectomy. The surgical pathology findings confirmed adenocarcinoma of the left lung, with no evidence of metastasis. At the time of trial, Dr. Choe was cancer free.
Settlement Discussions
The defendants offered to waive the defense costs (C.C.P. Section 998).
Damages
The plaintiff claimed damages of $500,000 for his pain, suffering, and emotional distress.
Deliberation
two hours
Poll
12-0
Length
five days
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