Confidential
Settlement – $100,000Judge
Court
Orange Superior
Attorneys
Plaintiff
Daniel M. Hodes
(Hodes Milman LLP)
Defendant
Experts
Plaintiff
John Pearce
(medical)
Roy L. Herndon
(medical)
David A. Margileth
(medical)
Facts
Plaintiff, a 47-year-old speech pathologist, underwent augmentation mammoplasty in 1976. Her implants were replaced in 1983. In 1989, she began treating with defendant family practitioner. On July 26, 1993, during the course of an annual examination, defendant detected a nodularity in the upper outer quadrant of plaintiff's right breast. He informed plaintiff that this represented scar tissue from her implants. Plaintiff had annual physical examinations over the next several years, including breast examinations. Defendant charted the breast examinations as normal, assuring her that the nodularity which persisted represented only scar tissue from her implants. In the summer of 1996, plaintiff decided to have her implants re-done due to asymmetry. She presented to a plastic surgeon, who examined her breast, and expressed concern for the persisting lesion in the right upper outer quadrant. On Oct. 11, 1996, a mammogram was performed, followed by a biopsy four days later. She was diagnosed with invasive ductal carcinoma. On Nov. 19, plaintiff underwent bilateral mastectomies followed by the placement of tissue expanders. Her cancer measured 4 cms x 3 cms, and three of 10 axillary lymph nodes sampled were found to contain metastatic disease. Plaintiff was treated with three cycles of chemotherapy. She remains disease-free to this point. The plaintiff brought this action against the family practitioner based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $175,000. The defendant offered $40,000.
Injuries
The plaintiff claimed she required more intensive chemotherapy and an increased likelihood of the recurrence of the disease.
Other Information
The settlement was reached approximately seven months after the case was filed. Defendant was an insured of a trust company that became insolvent. Defendant had no insurance coverage for this claim. He paid the settlement out of his personal funds.
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