| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
11/26/1994 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Failure to Diagnose Colon Cancer |
Result: |
$800,000 annuity |
Case Name: |
Crosthwaite v. Kaiser Foundation Hospitals,
et al. |
Facts: |
In
September 1991, 46-year-old Irma Crosthwaite,
a parole officer, began to experience chronic
abdominal pain for which she presented to
defendant Kaiser Hospital
on eight occasions during the following seven
months. The complaints continued and on January
28, 1993, she was admitted through the emergency
room with a perforated bowel and peritonitis.
She was subsequently diagnosed as having a
cancerous lesion in the sigmoid colon and
underwent a surgical resection. Plaintiff
has since had a recurrence of her cancer.
|
| Injury/Injuries: |
Perforated bowel, peritonitis, surgical resection, reduced life expectancy.
Future lost earnings: $600,000 (disputed)
|
| Contentions: |
Plaintiff contended that defendant was negligent in failing to timely diagnose and treat her colon lesion. Plaintiff contended further that her prognosis for cure was in excess of 80% if her lesion had been timely diagnosed, but less than 20% after her delayed diagnosis.
|
| Special Notes: |
Plaintiff
settled prior to arbitration for cash
and annuities with total payouts of approximately
$800,000 over the next ten years. The
settlement included a potential wrongful
death action by plaintiff's 11-year-old
daughter.
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