Case details
Defense: It was appropriate to wait on test until after pregnancy
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
cancer, colon, rectum, urological
FACTS
On March 14, 2018, plaintiff Jacqueline Turner, 35, a partner at a law firm, was seen by Dr. Babak Rad, a colorectal surgeon at Newport Irvine Surgical Specialists, in Newport Beach, for an evaluation of rectal bleeding. Turner had become pregnant with her third child in the summer of 2017. During the course of her pregnancy, she noticed blood in her stool, which she reported to her obstetrician/gynecologist. As a result, on March 1, 2018, her obstetrician/gynecologist referred her to Rad, who first saw Turner on March 14, 2018. During the evaluation, Rad detected first-degree internal hemorrhoids, and he prescribed treatment for the hemorrhoids. Turner birthed her third child in April 2018, but she continued to experience rectal bleeding in the months that followed her delivery. She returned to Newport Irvine Surgical Specialists on Dec. 19, 2018, and the continued presence of hemorrhoids was confirmed. Further treatment for the hemorrhoids was recommended. However, in January 2019, Turner was diagnosed with stage-IV colorectal cancer. Turner sued Rad and Newport Irvine Surgical Specialists. Turner alleged that Rad failed to test for cancer and that Rad’s failure constituted medical malpractice. Turner also alleged that Newport Irvine Surgical Specialists was vicariously liable for Rad’s actions. Rad was dismissed from the case prior to trial, and the matter continued to trial against Newport Irvine Surgical Specialists based on allegations regarding Rad’s conduct. Turner claimed that after the first-degree internal hemorrhoids were detected and treatment was prescribed, no further instructions were provided and she was not asked to return. She claimed that after her second presentation to Rad, an immediate colonoscopy was not recommended to her and she was told there was “no rush” to complete the procedure. Plaintiff’s counsel contended that the standard of care required a proctoscopy to be performed on March 14, 2018, and that such a limited study would have identified the presence of colorectal cancer at that time. Counsel further contended that such a study was perfectly safe in a patient, even at 34 weeks of pregnancy. Rad claimed that after the internal hemorrhoids were detected and treatment was prescribed, Turner was advised that the blood in her stool could be due to other sources and that she should return in four weeks for the possible scheduling of a flexible sigmoidoscopy after her pregnancy was complete. Rad also claimed that a colonoscopy was recommended at Turner’s second presentation, but that Turner deferred it until after she was done breastfeeding. Defense counsel contended that the standard of care did not require a proctoscopy on March 14, 2018, and that such a study would have been dangerous at 34 weeks of gestational age, potentially triggering premature labor. Counsel contended that, instead, the more judicious approach was to await the end of the pregnancy in just six weeks to consider a flexible sigmoidoscopy. In addition, defense counsel argued that the degree of metastatic disease at the time of diagnosis in January 2019, coupled with the biology of the cancer at the time of diagnosis, indicated that Turner’s cancer was already stage IV in March 2018., Turner was diagnosed with stage-IV colorectal cancer in January 2019. She claimed that if she had been diagnosed on March 14, 2018, she would have had a 70 percent chance of surviving her disease, but that, instead, all experts agreed that she is expected to succumb to her disease. Turner was a partner at a law firm. Her mentor, John Barber, testified that Turner would have almost certainly been made an equity partner in the firm by 2024 and that Turner’s annual earnings in that capacity would have ultimately reached at least $800,000 per year. Accordingly, plaintiff’s counsel contended that the loss of future earning capacity should be valued in excess of $17 million (at present value). Turner sought recovery of $17.3 million in future loss of earning capacity. She also sought recovery of past lost earnings, past and future medical costs, and damages for her past and future pain and suffering. Her husband, Kent Turner, presented a derivative claim seeking recovery of damages for his loss of consortium.
COURT
Superior Court of Orange County, Orange, CA
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INJURIES:
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- brain
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- extradural hematoma
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- head
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