In November 2003, plaintiffs’ decedent Jerold Kennedy, 46, a materials engineer and married father of three, presented to his primary medical care provider, Kaiser Foundation Health Plan Inc., with a lesion on his right thigh. He was subsequently referred to Bakersfield dermatologist Dr. Susan Luu, who biopsied the lesion on Dec. 22, 2003. However, the specimen was lost in the mail and never arrived at the pathology lab for testing. After Kennedy contacted Luu’s office in February 2004 and finding the specimen had not been tested, he was referred by Kaiser to a Kaiser-employed surgeon, Dr. Lynn Cranmer, who excised the lesion with a 1-centimeter margin. In June 2008, Kennedy was diagnosed with metastatic melanoma and died in September 2009. Kennedy’s wife, Sharon Kennedy, and children, Jennifer Kennedy, Ashey Kennedy and Michael Kennedy, sued Kaiser Foundation, Luu and Cranmer. They alleged that the defendants failed to timely diagnose and treat Jerold Kennedy’s cancer, and that these failures constituted medical malpractice. The matter subsequently proceeded to arbitration. Plaintiffs’ counsel contended that Luu was negligent in sending the specimens through the United States Postal Service and in failing to notify Jerold Kennedy that the specimen had been lost. Counsel also contended that Cranmer should have utilized a 2-centimeter margin, and that the failure to do so allowed residual melanoma cells to remain undetected and metastasize. Kaiser Foundation, Luu and Cranmer denied malpractice, and claimed that all of their actions fell within the standard of care. Luu’s counsel argued that the use of the Postal Service to send specimens is standard practice, and counsel for Kaiser Foundation and Cranmer argued that studies had shown no difference in recurrence rates between 1- and 2- centimeter margins., Jerold Kennedy was diagnosed with metastatic melanoma in June 2008 and died 15 months later. He was 46 years old. Kennedy left behind a wife and three children. Kennedy’s family sought recovery of wrongful death damages, including $2.9 million for lost earnings and $250,000 in general damages.