Case details

Plaintiff: Medical group failed to timely diagnose thyroid cancer

SUMMARY

$900000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
loss of consortium cancer
FACTS
The plaintiff, a 55-year-old senior paralegal, claimed that she had complained of the same symptoms for over four years to her medical group and a healthcare company. However, she claimed that it was only when a new treating physician insisted that she be properly worked up in late December 2009 that she was diagnosed with stage IV thyroid cancer. Thus, the plaintiff sued the medical group and the healthcare company for medical malpractice. The defendants denied their care and treatment was below the standard of care or that they failed to meet accepted standards for adequate medical care., In December 2009, the plaintiff was diagnosed with state IV thyroid cancer. Plaintiff’s counsel noted that the majority of thyroid cancers are caught early in stage I or II, resulting in high curability rates, but that the plaintiff received her proper diagnosis at stage IV. As a result, the plaintiff had to undergo four surgeries in January 2010 and February 2010, which left her with hypothyroidism and hypocalcemia. She also required two rounds of radioactive iodine therapy. Following her initial round of radioactive iodine therapy, the plaintiff had to remain in isolation for one week and became very ill during that time. She claimed her side effects included a burned tongue, stomach pain, nausea, vertigo, loss of taste, swollen salivary glands and premature menopause. The plaintiff claimed she experiences fatigue, which has perpetuated and still greatly interferes with her enjoyment of life. She also claimed she continues to suffer from hypothyroidism, chronic fatigue and hyper symptoms of menopause. Overall, her activities have been scaled back due to her chronic fatigue. Prior to the cancer diagnosis, the plaintiff worked as a senior paralegal at a local law firm for approximately 10 years. Plaintiff’s counsel noted that, according to the National Vital Statistics Reports, a woman of the plaintiff’s age would have a normal life expectancy of approximately an additional 28 years. However, counsel contended that the plaintiff’s life will more likely than not to be cut substantially short by the delay of her cancer diagnosis. Thus, the plaintiff sought recovery of $250,000, the maximum amount of noneconomic damages allowed under California law. The plaintiff has been married to her husband for almost 34 years, and they have two adult sons together. Her husband claimed that he has had to compensate for his wife’s lack of energy, and has taken on much of the household cleaning and cooking. Thus, he sought recovery of damages for his loss of consortium and also claimed noneconomic damages of $250,000.
COURT
Superior Court of San Diego County, San Diego, CA

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