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Personal Injury
Medical Malpractice
Failure to Diagnose Breast Cancer

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

Eddie C. Sturgeon

Court

San Diego Superior


Attorneys

Plaintiff

Warren R. Paboojian
(Baradat & Paboojian Inc.)


Defendant

Susan M. Hack


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


#92166

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