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Disposition: (Settlement/Arbitration/Trial) Settlement

Date:

5/13/2002

Type of Case:

Medical Malpractice

Allegation(s):

Doctor fails to follow up on slightly elevated PSA

Result:

$400,000

Case Name:

John Doe and Mary Doe v. Dr. Roe and Roe Medical Center (Confidential)

Facts:
A $400,000 settlement was reached in San Diego between the plaintiffs, a 62-year-old retiree and his wife, and the defendants, a doctor and his medical center, where the doctor allegedly failed to follow up on a slightly elevated PSA score until the retiree's prostate cancer had reached an advanced stage. When plaintiff John Doe had his PSA score tested on November 17, 1995, by the defendant, it was measured at 4.1. The normal range is said to be 0-4. At that time, the defendant did not order any followup. A digital rectal examination during a physical conducted by the defendant in January 1997 revealed that the patient had an enlarged prostate. His PSA test score at that time registered 4.8. Once again, no followup was ordered. By December 1997, the patient's PSA had dropped to 4.5. It was not until July 2000, when John Doe's PSA had risen to 10.2 that the defendant decided to order additional tests which revealed advanced prostate cancer.

Injury/Injuries:
John Doe underwent months of hormonal therapy, had a radical prostatectomy, and will probably need radiation therapy. His surgery left him permanently without sexual function. Further, his recent positive tests have incidated the continued presence of the antigen. Mary Doe sued for loss of consortium.

Contentions:
Failure to follow-up on slightly elevated PSA in violation of the standard of care. Defendants deny any negligence. Out-of-pocket medical expenses were approximately $1,500.

Special Notes:

Plaintiffs demanded $501,385; Defendants offered $225,000.

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