Case details

Cancer patient relied on alternative practitioner’s claims: suit

SUMMARY

$105356000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
breast, cancer, metastatic
FACTS
In November 2009, plaintiff Dawn Kali, 36, a server, began treating her breast cancer with Robert Young, who had an alternative theory as to cancer treatment that was specified in his book, “The pH Miracle,” which sold more than 10 million copies. Instead of seeking traditional treatment, Kali followed Young’s advice. When Kali was diagnosed with stage-I breast cancer in 2007, her aunt urged her to see one of Young’s students, who viewed Kali’s blood under a microscope and recommended Young’s book to Kali. The student also recommended that Young begin an alkaline diet as a natural way to cure her cancer. After reading the book, Kali met Young while taking one of his classes in November 2009. She then contacted Young for a one-on-one consultation, followed Young’s program and declined conventional therapy. Kali allegedly believed so much in Young’s miracle cure that she left her job to work for him and publicize his methods. She entered into a work-trade agreement with Young so that she could work in exchange for intensive treatments at his 48-acre “miracle retreat center” in Valley Center. Kali claimed that Young promised to cure her breast cancer without surgery, chemotherapy or radiation and that she underwent massages, colonic therapy and baking soda infusions at the treatment center. Despite following Young’s treatment plan, Kali was diagnosed with stage-IV metastatic, terminal breast cancer in 2013. Young was ultimately convicted of practicing medicine without a license as to only two of his patients, neither of which were Kali, and served jail time. Kali sued Young; a purported treater, Dr. Ben Johnson; and Young and Johnson’s corporation, PH Miracle Living. Kali alleged that the defendants’ actions constituted intentional misrepresentation, negligent misrepresentation, false promise and negligence. Kali settled with Johnson confidentially prior to trial after it was determined that Johnson did not actually engage in active treatment of the patients at the ranch, but allegedly only occasionally showed up at the ranch. Johnson claimed that Young was Kali’s actual treater and that Young was using his license as a cover. Johnson’s doctor of osteopathic medicine license was ultimately revoked by the California Medical Board as a result of his alleged failure to examine patients at the ranch who received treatment under his license. In addition, Kali took a default against PH Miracle Living, as the corporation was no longer active with the Secretary of State. Thus, the matter proceeded to trial against Young only. Kali claimed that Young’s conduct induced her to follow his advised medical treatment. She also claimed that Young told her that traditional cancer treatment would only make her cancer worse and that she should not see an oncologist, or undergo surgery or chemotherapy. Young’s counsel contented that Kali knew Young was not a medical doctor and was always free to seek conventional treatment for her cancer. Counsel argued that some of Young’s theories were so outlandish that Kali’s reliance on him was unreasonable and that even absent Young’s advice, Kali did not, and would not, seek conventional treatment for years. Young’s counsel contended that Kali refused conventional medical treatment for the first month of her diagnosis, even though she knew nothing about Young, and that Kali continued to have no medical treatment for the next year even though she had never met Young. In addition, Young’s counsel noted that Kali’s treating oncologist agreed that Kali’s aunt was the biggest influence in Kali being scared of conventional treatment, as Kali’s aunt told her that conventional treatment would make her cancer worse. Counsel further contended that Kali’s aunt was the first one to advise Kali to not get conventional treatment and was the only influence when Kali first declined to take her treating doctor’s advice. In response, plaintiff’s counsel argued that Kali was not comparatively liable and that Young was to blame for Kali not seeking out conventional treatment sooner., Kali developed Stage IV metastatic, terminal breast cancer. Kali sought out a medical oncologist for traditional cancer treatments after her breast cancer went from Stage I to Stage IV and metastasized. She then began receiving constant, on-going treatment, which included chemotherapy, radiation therapy and hormone therapy. The plaintiff’s treating oncologist estimated that at the time of trial, Kali had three to four years left to live. Kali, who was 45 and had four children at the time of trial, sought recovery of $576,000 in past medical costs, $280,000 in future medical costs, $1.7 million in past non-economic damages (which was three times her medical costs) for her physical and emotional pain and suffering, and $33 million in future non-economic damages for her physical and emotional pain and suffering, which was $1 million for every year she allegedly lost. In addition, she sought recovery of $10 million in punitive damages.
COURT
Superior Court of San Diego County, San Diego, CA

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