Rose Bailey v. Alyssa Watanabe, Memrad Medical Group, Inc.
Published: Jan. 18, 2001 | Result Date: Nov. 3, 2000 | Filing Date: Jan. 1, 1900 |Case number: VC031146 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Gary B. Gelfand
(Gelfand & Gelfand)
Defendant
Mark V. Franzen
(Carroll, Kelly, Trotter, Franzen, McBride & Peabody)
Experts
Plaintiff
Peter Paul
(medical)
Ronald C. Cohen
(Levatolaw LLP)
(medical)
Steven Armentrout
(medical)
Defendant
R. James Brenner
(medical)
Michael E. Kalafer
(medical)
Klaus Porzig
(medical)
Facts
The 68-year-old plaintiff was seen regularly at Presbyterian InterCommunity Hospital-Family Practice Center
beginning in 1993. Although she was asymptomatic, she underwent screening mammography in 1993, 1994
and 1996, all of which studies were interpreted as normal.
In August 1997, her screening mammogram was again interpreted as normal by defendant Watanabe even
though an asymmetric density was noted in the posterior medial hemisphere.
The plaintiff did not obtain a mammogram in 1998 and no breast examination was performed at the clinic that
year.
In October 1999, the plaintiff noticed a lump in her breast and presented for mammogram. This mammogram
was interpreted as highly suspicious for malignancy.
Radical mastectomy was performed on Dec. 7, 1999. Seven lymph nodes were positive for metastatic disease.
The plaintiff remains hospitalized to the present due to reoccurring bouts of pneumonia and is intermittently
ventilator dependent.
Settlement Discussions
The plaintiff demanded $800,000. The defendant offered $50,000.
Specials in Evidence
$1.6 million (paid by Medicare) $1 million
Damages
$250,000 (pain and suffering and diminished life expectancy).
Other Information
Due to the large amount of past medical expenses, all paid by Medicare, the case was bifurcated for trial, liability being tried first. The defendantÆs Writ of Mandate requested reversal of the trial courtÆs pretrial ruling that the "reasonable value" of the past medical expenses was not the amount healthcare providers accepted from Medicare but rather the amount of the bills submitted to Medicare. The Writ was denied. Co-defendant Family Practice Center (PIH) settled for $200,000 prior to trial. The plaintiff contended this defendant failed to perform a breast examination or obtain a mammogram in 1998.
Deliberation
five hours
Poll
10-2
Length
11 days
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