This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Medical Malpractice
Failure to Diagnose

Alisa Fall, Robert Fall v. Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group

Published: Jul. 12, 2008 | Result Date: Feb. 1, 2008 | Filing Date: Jan. 1, 1900 |

Arbitration –  Defense

Court

JAMS


Attorneys

Plaintiff

Michael A. K. Dan


Defendant

Thomas M. Peabody
(Peabody & Buccini LLP)


Experts

Plaintiff

Randy H. Noble
(medical)

Robert Cole
(medical)

Defendant

William J. Collins
(medical)

Roy L. Herndon
(medical)

Facts

From May 2003 through January 2004, Alisa Fall underwent medical exams for abdominal and epigastric pain at the Kaiser Woodland Hills Clinic. On Jan 1, 2004, Fall was diagnosed with diverticulitis and as a result, underwent several surgeries.

Contentions

PLAINTIFF'S CONTENTIONS:
Fall contends Kaiser was negligent in diagnosing her diverticulitis.

DEFENDANT'S CONTENTIONS:
Kaiser contends that Fall did not show signs and symptoms of diverticulitis.

Damages

Fall alleges $700,000 in damages for past and future earnings, past and future medical expenses plus pain and suffering. Fall's spouse sought compensation for loss of consortium.

Injuries

Half of Fall's colon was removed and she was unable to work during recovery.

Result

The arbitrator ruled in favor of Kaiser.


#92915

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390