Andrea Martinez, John Martinez v. James R. Schaefer
Published: Aug. 27, 2005 | Result Date: May 5, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIE018800 Verdict – $1,514,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Warren R. Paboojian
(Baradat & Paboojian Inc.)
Defendant
Experts
Plaintiff
Barry J. Brock
(medical)
Ted Vavoulis
(technical)
Michael B. Van Scoy-Mosher M.D.
(medical)
Defendant
Steven R. Drosman
(medical)
Anne Wallace
(medical)
Heather H. Xitco
(technical)
Facts
In May 2002, plaintiff Andrea Martinez, a 31-year-old legal secretary, visited defendant James Schaefer, an OB-
GYN, because she had noticed a lump in her left breast. The plaintiff had a family history of breast cancer. The
plaintiff alleged that the defendant unsuccessfully attempted to aspirate the lump by sticking a needle into the
left breast. Ten days later, the defendant performed an ultrasound on the plaintiff's left breast and discovered a
mass measuring 2.7 centimeters. Almost one year later, in April 2003, the plaintiff visited a different
gynecologist. The lump had grown in size and was painful. The plaintiff underwent a mastectomy and was
diagnosed with aggressive Stage 2 breast cancer. The plaintiff is terminally ill and was expected to live for six
to 12 months. The plaintiff sued the defendant for medical malpractice. PlaintiffÆs husband, John Martinez,
sued for loss of consortium.
Settlement Discussions
Andrea made a C.C.P. Section 998 demand for $400,000. John made a C.C.P. Section 998 demand for $100,000. The defense made no offer.
Specials in Evidence
$264,000 $20,675 $781,000
Injuries
At the time of trial, Andrea was terminally ill and expected to live for six to 12 months. John claimed damages for loss of consortium.
Deliberation
5.5 hours
Poll
11-1 (liability); 10-2 (causation).
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390