Case details

Physicians claimed patient failed to follow through on referrals

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
breast, cancer, loss of consortium
FACTS
In June 2007, plaintiff Katrin Grigorian allegedly discovered a palpable mass on her right breast. Grigorian was under the care of Dr. Abraham Maissian, who was her primary care physician since 2006. Dr. Abraham Maissian’s son, Dr. Gevork Maissian later took over as Grigorian’s primary care physician in July 2010. However, Grigorian was diagnosed with breast cancer on April 28, 2011. She was given less than a 50 percent chance of surviving past five years. Grigorian sued Abraham and Gevork Maissian. Grigorian alleged that her primary care physician failed to timely diagnose and treat the cancer and that this failure constituted medical malpractice. Grigorian had also named several other physicians and medical offices as defendants, but they agreed to a confidential settlement prior to trial. The matter subsequently proceeded to trial against Abraham and Gevork Maissian only. Plaintiff’s counsel contended that both Abraham and Gevork Maissian doctors failed to refer Grigorian for a biopsy during her roughly five years of treatment at their Glendale practice. Grigorian claimed that she had a palpable mass on her right breast as early as June 2007, which ultimately resulted in her breast cancer diagnosis. Thus, plaintiff’s counsel argued that due the delay in diagnosing the cancer, Grigorian’s chances of surviving the cancer decreased dramatically. The Maissians’ counsel argued that both Abraham and Gevork Maissian met the standard of care in their combined treatment of Grigorian. Counsel contended that the palpable mass was only first noted in May 2009, not June 2007, and that the physicians subsequently made the appropriate referrals for diagnostic testing. However, defense counsel argued that Grigorian failed to follow through on the physicians’ referrals., Grigorian was diagnosed with breast cancer on April 28, 2011. She subsequently underwent a mastectomy — the surgical removal of a breast — on May 24, 2011, and she is currently undergoing chemotherapy. However, Grigorian claimed that she was left with a less than 50 percent chance of survival over the subsequent five years. Thus, Grigorian sought recovery of $100,000 in past medical costs (with a Medi-Cal lien in excess of $100,000), and $500,000 in loss of future earnings/earning capacity. She also sought recovery of $2.5 million in damages for her past pain and suffering and $2.5 million in damages for her future pain and suffering (given the pendency of Prop 46). Grigorian’s husband, Seroj Nazarian, presented a derivative claim, seeking recovery of $250,000 in damages for his loss of consortium. The Maissians’ counsel argued that Grigorian’s total loss of earnings was in the range of $100,000 to $125,000.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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