Leeann Reynolds v. Joseph McCarthy
Published: May 25, 2004 | Result Date: Jan. 23, 2004 | Filing Date: Jan. 1, 1900 |Case number: DUM0002805 Arbitration – $883,000
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Bradley J. McGirr
(La Follette, Johnson, De Haas, Fesler & Ames)
Experts
Plaintiff
Roy L. Herndon
(medical)
David B. Okun
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Mallin R. Dollinger
(medical)
David J. Weiner M.B.A., AM
(technical)
Mark R. Needham M.D.
(medical)
Facts
The subject suit relates to general medical practitioner malpractice which resulted in a 33-month delay in diagnosing colorectal cancer. The delay resulted in the wrongful death of a 44-year-old male. The claimant was his 33-year-old wife. Cancer presented by way of rectal bleeding. Bleeding was not thoroughly evaluated by the general practitioner and was attributed to hemorrhoids, despite physical finding of a normal rectal examination.
Settlement Discussions
The claimant demanded C.C.P. Section 998 for $800,000 but this was refused.
Damages
Death of husband and step father of two teenaged daughters.
Result
The arbitration before retired Judge James J. Alfano of Judicate West, resulted in a finding that the respondent physician had violated the standard of care and that delay caused a curable cancer to become incurable and that the claimant had suffered general damages of $250,000 and economic loss of $633,000. The total award, including costs and interest, amounted to $950,000.
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