Confidential
Settlement – $500,000Facts
The case involves a plaintiff, with prostate cancer that was diagnosed after a high PSA read. He instituted the suit
against his primary physician after it was learned that an earlier test, where the results were not shared, would
have triggered earlier treatment.
The plaintiff had seen his physician on March 3, 1998. A PSA test was ordered as well as other tests, including
cholesterol. The cholesterol results were returned to the physician, but not the PSA results.
In November, 1999, the plaintiff returned for another physical examination and a PSA test on that occasion
showed a score of 31.7 (the normal range is 0-4). The earlier PSA test was subsequently found and that
showed a score of 22.4. A biopsy revealed a malignant condition.
Settlement Discussions
The parties reached a settlement at $500,000. The plaintiff had originally demanded $610,000 and the defendants had offered $300,000 plus an annuity with a present value of $125,000.
Injuries
The plaintiff has prostate cancer which required a radical prostatectomy and radiation. This cancer could recur.
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